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THE 



ENCYCLOPAEDIA BRITANNICA 



ELEVENTH EDITION 



FIRST edit 


ion, published in three volumes, 1768 — 1771. 


SECOND , 


, „ ten , 


, 1777— 1784. 


THIRD , 


, ,, ^eighteen , 


, 1788— 1797. 


FOURTH , 


, „ twenty , 


, 1801 — 1810. 


FIFTH , 


, „ twenty , 


, 1815—1817. 


SIXTH , 


, „ twenty , 


, 1823 — 1824. 


SEVENTH , 


, „ twenty-one , 


, 1830 — 1842. 


EIGHTH , 


, „ twenty-two , 


, 1853— 1860 


NINTH , 


, „ twenty-five , 


, 1875—1889. 


TENTH , 


, ninth edition and eleven 






supplementary volumes, 


1902 — 1903. 


ELEVENTH , 


, published in twenty-nine volume 


s, 1910 — 1911. 



COPYRIGHT 

in all countries subscribing to the 

Bern Convention 

by 

THE CHANCELLOR, MASTERS AND SCHOLARS 

of the , 

UNIVERSITY OF CAMBRIDGE 



All rights reserved 



THE 



ENCYCLOPEDIA BRITANNICA 



DICTIONARY 

OF 

ARTS, SCIENCES, LITERATURE AND GENERAL 

INFORMATION 



ELEVENTH EDITION 



VOLUME X 

EVANGELICAL CHURCH to FRANCIS JOSEPH 



New York 

Encyclopaedia Britannica, Inc. 
342 Madison Avenue 



Copyright, in the United States of America, 1910, 

by 

The Encyclopaedia Britannica Company. 



INITIALS USED IN VOLUME X. TO IDENTIFY INDIVIDUAL 

CONTRIBUTORS, 1 WITH THE HEADINGS OF THE 

ARTICLES IN THIS VOLUME SO SIGNED. 



A. B. R. 

A.D. 
A. F. B. 
A. F. P. 

A.G. 

A. Go * 
A. H.-S. 
A. L. 
A. L. B. 

A.N. 
A. S. 

A. M. C. 
A. W. 
A. W. R. 

A. W. W. 
C. EI. 

C. F. B. 
C. F. C. 



Alfred Barton Rendle, M.A., D.Sc., F.R.S., F.L.S. 

Keeper, Department of Botany, British Museum. Author of Text Book on Classi- 
fication oj 'Flowering Plants; &c. 

Austin Dobson, LL.D. 

See the biographical article: Dobson, H. Austin. 

Aldred Farrer Barker, M.Sc. 

Professor of Textile Industries at Bradford Technical College. 

Albert Frederick Pollard, M.A., F.R.Hist.Soc. 

Professor of English History in the University of London. Fellow of All Souls' 
College, Oxford. Assistant Editor of the Dictionary of National Biography, 1893- 
1901. Lothian Prizeman, Oxford, 1892; Arnold Prizeman, 1898. Author of 
England under Protector Somerset ; Henry VIII. ; Life of Thomas Cranmer ; &c. 

Major Arthur George Frederick Griffiths (d. 1908). 

H.M. Inspector of Prisons, 1878-1896. Author of The Chronicles of Newgate; 
Secrets of the Prison House ; &c. 

Rev. Alexander Gordon, M.A. 

Lecturer on Church History in the University of Manchester. 

Sir A. Houtum-Schindler, CLE. 

General in the Persian Army. Author of Eastern Persian Irak. 

Andrew Lang. 

See the biographical article : Lang, Andrew. 

Alfred Lys Baldry. 

Art Critic of the Globe, 1893-1908. Author of Modern Mural Decoration and 
biographies of Albert Moore, Sir H. von Herkomer, R.A., Sir J. E. Millais, P.R.A. 



Flower. 



I Fielding, Henry. 



Felt. 

Ferrer, Bishop; 
Fox, Edward; 
Fox, Richard. 

-I Finger Prints. 

rFaber, Basil, Jacobus and 

< Johann; 

iFamilists; Farel, G.; Flacins. 

f Fars; 

\ Firuzabad. 

f Fairy; 
L Family. 



■I Fortuny. 



Marcus Stone, R.A., and G. H. Boughton, R.A 

Alfred Newton, F.R.S. 

See the biographical article: Newton, Alfred. 

Arthur Smithells, F.R.S. 

Professor of Chemistry in the University of Leeds. Author of Scientific Papers on -J Flame 
Flame and Spectrum Analysis. 

Agnes Mary Clerke. 

See the biographical article: Clerke, A. M. 

Arthur Watson. 

Secretary in the Academic Department, University of London. 

Alexander Wood Renton, M.A., LL.B. 

Puisne Judge of the Supreme Court of Ceylon. Editor of Encyclopaedia of the Laws 
of England. 



("Falcon; Fieldfare; Finch 
\ Flycatcher; Fowl. 



Flams teed. 



{ 



■j Examinations {in part) 

Fixtures; 
Flat. 



Adolphus William Ward, D.Litt., LL.D. 
See the biographical article : Ward, A, W. 



f Foote, Samuel; 
\ Ford, John. 



Sir Charles Norton Edgcumbe Eliot, K.C.M.G., C.B., M.A., LL.D., D.C.L. 
Vice-Chancellor of Sheffield University. Formerly Fellow of Trinity College, 
Oxford. H.M.'s Commissioner and Commander-in-Chief for the British East Africa -| FinnO-Ugrian. 
Protectorate; Agent and Consul-General at Zanzibar; Consul-General for German 
East Africa, 1900-1904. 

Charles Francis Bastable, M.A., LL.D. r 

Regius Professor of Laws and Professor of Political Economy in the University of J _. 
Dublin. Author of Public Finance; Commerce of Nations; Theory of International'] finance, 
Trade; &c. [_ 

C. F. Cross, B.Sc. (Lond.), F.C.S. F.I.C. /Fibres 

Analytical and Consulting Chemist. \ lores. 

1 A complete list, showing all individual contributors, appears in the final volume. 



VI 


c. r. r. 


C. H. T.* 


C J. 


y. j. b. m. 


C. J. N. F. 


C. L. K. 



C. P. I. 

C. W. A. 

D. H. 

D. Mn. 

D. N. P. 

D.S. M.* 

E. B. 

E. Ca. 
Ed. C* 
E. C. B. 

e. c. q. 

E. D. R. 
E. E. A. 
E. E. H. 

E. 6. 

E. H. P. 
E. K. 

E. M. Ha. 



Joint Editor of the Domesday Survey for the "j Exchequer {in part). 



INITIALS AND HEADINGS OF ARTICLES 



Charles Francis Richardson, A.M., Ph.D. 

Professor of English at Dartmouth College, Hanover, New Hampshire, U.S.A. 
Author of A Story of English Rhyme; A History of American Literature; &c. 

Crawford Howell Toy, A.M. 

See the biographical article : Toy, Crawford Howell. 

Charles Johnson, M.A. 

Clerk in H.M. Public Record Office. 
Victoria County History: Norfolk. 

Charles John Bruce Marriott, M.A. 

Clare College, Cambridge. Secretary of the Rugby Football Union. 

Charles James Nicol Fleming. 

H.M. Inspector of Schools, Scotch Education Department. 

Charles Lethbridge Kingsford, M.A., F.R.Hist.Soc, F.S.A. 

Assistant Secretary to the Board of Education. Author of 'Life of Henry V. Editor 
of Chronicles of London and Stow's Survey of London. 

Sir Courtenay Peregrine Ilbert, K.C.B., K.C.S.I., CLE. 

Clerk of the House of Commons. Chairman of Statute Law Committee. Parlia- 
mentary Counsel to the Treasury, 1 899-1901 . Legal Member of Council of Governor- 
General of India, 1882-1886; President, 1886. Fellow of the British Academy. 
. Formerly Fellow and Tutor of Balliol College, Oxford. Author of The Government 
of India ; Legislative Method and Forms. 

Charles William Alcock. (d. 1907). 

Formerly Secretary of the Football Association, London. 

David Hannay. 

Formerly British Vice-Consul at Barcelona. 
Navy ; Life of Emilio Castelar ; &c. 

Rev. Dugald Macfadyen, M.A. 

Minister of South Grove Congregational Church, Highgate. 
Missionary Society. 



Fiske, John. 
■j Ezekiel. 



i Football: Rugby {in part). 
\ Football: Rugby {in part). 



J Fabyan; 
\ Fastolf . 



Evidence. 



Author of Short History of the Royal 



\ Football: Association {in part). 

j First of June, Battle of the; 
[ Fox, Charles James. 



Director of the London ~{ Excommunication. 



DIarmid Noel Paton, M.D., F.R.C.P. (Edin.). 

Regius Professor of Physiology in the University of Glasgow. Formerly Super- 
intendent of Research Laboratory of Royal College of Physicians, Edinburgh. 
Biological Fellow of Edinburgh University, 1884. Author of Essentials of Human 
Physiology; &c. 

David Samuel Margoliouth, M.A., D.Litt. 

Laudian Professor of Arabic, Oxford. Fellow of New College. Author of Arabic 
Papyri 'of the Bodleian Library ; Mohammed and the Rise of Islam ; Cairo, Jerusalem 
and Damascus. 

Edward Breck, M.A., Ph.D. 

Formerly Foreign Correspondent of the New York Herald and the New York Times. 
Author of Fencing; Wilderness Pets; Sporting in Nova Scotia; &c. 

Egerton Castle, M.A., F.S.A. 

Trinity College, Cambridge. Author of Schools and Masters of Fence ; &c. 

The Hon. Edward Evan Charteris. 
Barrister-at-Law, Inner Temple. 

Rt. Rev. Edward Cuthbert Butler, O.S.B., M.A., D.Litt. 

Abbot of Downside Abbey, Bath. Author of " The Lausiac History of Palladius," 
in Cambridge Texts and Studies, vol. vi. 

Edmund Crosby Quiggin, M.A. 

Fellow and Lecturer in Modern Languages and Monro Lecturer in Celtic, 
Gonville and Caius College, Cambridge. 

Lieut. -Colonel Emilius C. Delme Radcliffe. 

Author of Falconry: Notes on the Falconidae used in India in Falconry. 

Ernest E. Austen. 

Assistant in Department of Zoology, Natural History Museum, South Kensington. 

Rev. Edward Everett Hale. 

See the biographical article : Hale, E. E. 



EdMund Gosse, LL.D. 

See the biographical article : GossB, Edmund. 



Fever. 



f 

■j Fatimites. 

J Foil-fencing; 

L Football: American {in part). 

j Fencing. 



j Fair {in part). 



T Fontevrault; 

-j Francis of Assisi, St; 

I Francis of Paola, St. 

Finn mac Cool. 



Falconry. 



Flea. 



Everett, Edward. 



Edward Henry Palmer, M.A. 

See the biographical article : Palmer, E. H. 

Edmund Knecht, Ph.D., M.Sc.Tech. (Manchester), F.I.C. 

Professor of Technological Chemistry, Manchester University. Head of Chemical 
Department, Municipal School of Technology, Manchester. Examiner in Dyeing, 
City and Guilds of London Institute. Author of A Manual of Dyeing; &c. Editor 
of Journal of the Society of Dyers and Colourists. 

Ernest Maes Harvey. 

Partner in Messrs. Allen Harvey & Ross, Bullion Brokers, London. 



Ewald, Johannes; Fabliau; 
Fabre, Ferdinand; Feuillet; 
Finland: Literature; 
FitzGerald, Edward; Flaubert; 
.Flemish Literature; Forssell. 



-! Firdousi {in part). 

Finishing. 
J Exchange. 



INITIALS AND HEADINGS OF ARTICLES 



VII 



E 0.* 

E.O.S. 

E.Pr. 

E. Re. 
E.Tn. 
E. W.H. 

F.C.C. 

P. G. P. 

F» J« if* 

F« J* W* 
F» R* v* 
F.S. 
G. A. B. 

G. A. Be. 

G. B. A. 
G. C. L. 



Fistula. 



Fire and Fire Extinction. 



Falcao; 
Ferreira. 

Fire. 



Edmund Owen, M.B., F.R.C.S., LL.D., D.Sc. 

Consulting Surgeon to St Mary's Hospital, London, and to the Children's Hospital, 
Great Ormond Street, London. Chevalier of the Legion of Honour. Late Examiner ■ 
in Surgery at the University of Cambridge, London and Durham. Author of A 
Manual of A natomy for Senior Students. 

Edwin Otho Sachs, F.R.S. (Edin.), A.M.Inst.M.E. 

Chairman of the British Fire Prevention Committee. Vice-President, National 
Fire Brigades Union. Vice-President, International Fire Service Council. Author 
of Fires and Public Entertainments ; &c. 

Edgar Prestage. 

Special Lecturer in Portuguese Literature at the University of Manchester. Com- . 
mendador, Portuguese Order of S. Thiago. Corresponding Member of Lisbon 
Royal Academy of Sciences and Lisbon Geographical Society. 

Elisee Recltjs. 

See the biographical article: Reclus, J. J. E. 

Rev. Ethelred Leonard Taunton, (d. 1907). f Feckenham; 

Author of The English Black Monks of St Benedict ; History of the Jesuits in England. \ Fisher, John. 

Ernest William Hobson, M.A., D.Sc, F.R.S. , F.R.A.S. ( 

Fellow and Tutor in Mathematics, Christ's College, Cambridge. Stokes Lecturer X Fourier's Series. 
in Mathematics in the University. [ 

Frederick Cornwallis Conybeare, M.A., D.Th. (Giessen). f 

Fellow of the British Academy. Formerly Fellow of University College, Oxford. - 
Author of The Ancient Armenian Texts of Aristotle; Myth, Magic and Morals; &c. 

Frederick Gymer Parsons, F.R.C.S., F.Z.S., F.R.Anthrop.Inst. 

Vice-President, Anatomical Society of Great Britain and Ireland. Lecturer on 
Anatomy at St Thomas's Hospital and the London School of Medicine for Women. 
Formerly Huntenan Professor at the Royal College of Surgeons. I 

Francis John Haverfield, M.A., LL.D., F.S. A.. r 

Camden Professor of Ancient History in the University of Oxford. Fellow of J p„_ 
Brasenose College. Ford's Lecturer, 1906-1907. Fellow of the British Academy. 1 * osse ' 
Author of Monographs on Roman History, especially Roman Britain; &c. I 



Extreme Unction. 



Eye: Anatomy. 



Frederick Joseph Wall, F.C.S. . 

Secretary to the Football Association. 



France: Colonies. 



{ 

J Fable. 



Eye: Diseases. 



G.E. 

G. F. Z. 
G. G. P.* 
G.P. 

G. W. T. 



J, Football: Association {in par*). 

Frank R. Cana. 

Author of South Africa from the Great Trek to the Union. 

Francis Storr, M.A. 

Editor of the Journal of Education, London. Officier d'Academie, Paris. 

George A. Boulenger, D.Sc, Ph.D., F.R.S. r 

In charge of the Collections of Reptiles and Fishes, Department of Zoology, British -j Flat-fish. 
Museum. Vice-President of the Zoological Society of London. [ 

George Andreas Berry, M.B., F.R.C.S., F.R.S. (Edin.). 

Hon. Surgeon Oculist to His Majesty in Scotland. Formerly Senior Ophthalmic 
Surgeon, Edinburgh Royal Infirmary, and Lecturer on Ophthalmology in the Uni- 
versity of Edinburgh. Vice-President, Ophthalmological Society. Author of 
Diseases of the Eye; The Elements of Ophthalmoscopic Diagnosis; Subjective 
Symptoms in Eye Diseases ; &c. 

George Burton Adams, A.M., B.D., Ph.D., Litt.D. r 

Professor of History, Yale University. Editor of American Historical Review. J _ . 
Author of Civilization during the Middle Ages; Political History of England, 1066-] Feudalism. 
1216 ; &c. ■ [ 

George Collins Levey, C.M.G. 

Member of Board of Advice to Agent-General of Victoria. Formerly Editor and 
Proprietor of the Melbourne Herald. Secretary, Colonial Committee of Royal 
Commission to Paris Exhibition, 1900. Secretary, Adelaide Exhibition, 1887. 
Secretary, Royal Commission, Hobart Exhibition, 1 894-1 895. Secretary to Com- 
missioners for Victoria at the Exhibitions in London, Paris, Vienna, Philadelphia 
and Melbourne, 1873, 1876, 1878, 1880-1881. 

Rev. George Edmundson, M.A., F.R.Hist.S. r 

Formerly Fellow and Tutor of Brasenose College, Oxford. Ford's Lecturer, 1909. J v , . 
Hon. Member, Dutch Historical Society, and Foreign Member, Netherlands Associa- ] Flanaers - 
, tion of Literature. I 

George Frederick Zimmer, A.M.Inst.C.E. 
Author of Mechanical Handling of Material. 

George Grenville Phillimore, M.A., B.C.L. 

Christ Church, Oxford. Barrister-at-Law, Middle Temple. 

Gifford Pinchot, A.M., D.Sc, LL.D. 

Professor of Forestry, Yale University. Formerly Chief Forester, U.S.A. 
of the National Conservation Association. Member of the Society of 



Exhibition. 



f Flour and Flour Manufacture. 
I Fishery, Law of. 



Foresters, Royal English Arboricultural Society, &c. 
A Primer of Forestry ; &c. 



President 

_- American 

Author of The White Pine; 



Forests and Forestry: 

United States. 



Rev. Griffiths Wheeler Thatcher, M.A., B.D. f Fairfizabadi; 

Warden of Camden College, Sydney, N.S.W. Formerly Tutor in Hebrew and Old J Fakhr ud-DIn R5zi; 
Testament History at Mansfield College, Oxford. FarabI' FarazdaQ. 



H. B. S. 

H. Ch. 

H. De. 

H. F. G. 

H. L. S. 
H.St. 

H. W. C. D. 

H. W. S. 
LA. 

J. A. C. 
J. A. H. 

J. A. S. 
J. B.* 
J. B. P. 

J. Bt. 



INITIALS AND HEADINGS OF ARTICLES 



J. 


c. 


M. 


J. 


E. 


C. B. 


J. 


E. 


P. W 


J. 


F. 


St. 


J. 


G. 


H. 


J. 


G. 


R. 



J. H. P.* 



J. HI. R. 



J. H. R. 



Rev. Henry Barclay Swete, M.A., D.D., Litt.D. 

Regius Professor of Divinity, Cambridge University. Fellow of Gonville and Caius 
College, Cambridge. Fellow of King's College, London. Fellow of British Academy. " 
Hon. Canon of Ely Cathedral. Author of The Holy Spirit in the New Testament ; &c. 

Hugh Chisholm, M.A. 

Formerly Scholar of Corpus Christi College, Oxford. Editor of the nth Edition" 
of the Encyclopaedia Brilannica; Co-Editor of the ioth edition. L 

Hippolyte Delehaye, S.J. C 

Assistant in the compilation of the Bollandist publications: Analecta Bollandiana -i 
and Acta Sanctorum. {. 

Hans Friedrich Gadow, F.R.S., Ph.D. 

Strickland Curator and Lecturer on Zoology in the University of Cambridge. - 
Author of " Amphibia and Reptiles," in the Cambridge Natural History. 



Fathers of the Church. 



Forster. 



Fiacre, Saint; 
Florian, Saint. 

Flamingo. 

Flag. 

Fechner; 

Feuerbach, Ludwig A. 

Fitz Neal; 

Fitz Peter, Geoffrey; 

Fitz Stephen, William; 

Fitz Thedmar; Flambard; 

Florence of Worcester. 

Fabrizi. 



H. Lawrence Swinburne (d. 1909). 

Henry Sturt, M.A. 

Author of Idola Tkealri ; The Idea of a Free Church ; Personal Idealism. 

Henry William Carless Davis, M.A. 

Fellow and Tutor of Balliol College, Oxford. Fellow of All Souls' College, Oxford, - 
1895-1902. Author of England under the Normans and Angevins; Charlemagne. 

H. Wickham Steed. 

Correspondent of The Times at Vienna. Correspondent of The Times at Rome, - 
1 897- 1 902. 

Israel Abrahams, M.A- ' _ 

Reader in Talmudic and Rabbinic Literature, University of Cambridge. President, 
Jewish Historical Society of England. Author of A Short History of Jewish Litera- ' 
ture; Jewish Life in the Middle Ages. 

Sir Joseph Archer Crowe, K.C.M.G. 

See the biographical article: Crowe, Sir Joseph A. 

John Allen Howe, B.Sc. 

Curator and Librarian of the Museum of Practical Geology, London. Author of" 
The Geology of Building Stones. 

John Addington Symonds, LL.D. 

See the biographical article: Symonds, John A. 

Joseph Burton. 

Partner in Pilkington's Tile and Pottery Co., Clifton Junction, Manchester. 

James Bell Pettigrew, M.D., LL.D., F.R.S., F.R.C.P. (Edin.) (1834-1908). 
Chandos Professor of Medicine and Anatomy, University of St Andrews, 1875- * 
1908. Author of Animal Locomotion; &c. 

James Bartlett. 

Lecturer on Construction, Architecture, Sanitation, Quantities, &c, at King's^ 
College, London. Member of Society of Architects. Member of Institute of* 
Junior Engineers. 

James Clerk Maxwell, LL.D. 

See the biographical article: Maxwell, James Clerk. 

John Edward Courtenay Bodley, M.A. f 

BalliolCollege, Oxford. Corresponding Member of the Institute of France. Author-! France: History, i^'j^-igio. 
of France ; The Coronation of Edward VII. ; &c. (_ 

John Edward Power Wallis, M.A. f 

Puisne Judge, Madras. Vice-Chancellor of Madras University. Inns of Courts Extradition. 
Reader in Constitutional Law, 1892-1897. Formerly Editor of Slate Trials. L 

John Frederick Stenning, M.A. 

Dean and Fellow of Wadham College, Oxford. University Lecturer in Aramaic. - 
Lecturer in Divinity and Hebrew at Wadham College. 

Joseph G. Horner, A.M.I. Mech.E. 

Author of Plating and Boiler Making ; Practical Metal Turning ; &c. 

John George Robertson, M.A., Ph.D. 

Professor of German at the University of London. Formerly Lecturer on the 
English Language, Strassburg University. Author of History of German Literature;' 
. &c. 

John Hungereord Pollen, M.A. (d. 1908). 

Formerly Professor of Fine Arts in Catholic University of Dublin. Fellow of 
Merton College, Oxford. Cantor Lecturer, Society of Arts, 1885. Author of. 
Ancient and Modern Furniture and Woodwork; Ancient and Modern Gold and 
Silversmith's Work ; The Trajan Column ; &c. 

John Holland Rose, M.A., Litt.D. 

Lecturer on Modern History to the Cambridge University Local Lectures Syndicate. 
Author of Life of Napoleon I. ; Napoleonic Studies ; The Development of the European ' 
Nations ; The Life of Pitt ; chapters in the Cambridge Modern History. 

John Horace Round, M.A., LL.D. (Edin.). 

Author of Feudal England; Studies in Peerage and Family History; Peerage and 
Pedigree; &c. 



Exilarch; 
Eybeschutz. 

Eyck, Van. 

France: Geology. 

Ficino; 
. Filelfo. 

Firebrick (in part). 
Flight and Flying (in part). 

Foundations. 
Faraday. 



Exodus, Book of. 

" Forging; 
. Founding. 

Fouque. Baron. 



Fan. 



Fouche. 



Ferrers: Family; 
Fitzgerald: Famuy. 



INITIALS AND HEADINGS OF ARTICLES 



IX 



J. I. 

J. K. L. 



-I Francis I. of France. 



J. L. B. 

J. Ma. 
J. M. S. 

J. Pa. 

J. P. E. 

J. R. C. 
J. R. F.* 
J. R. J. J. 
J. S. Bl. 

J. S. F. 
J. S. K. 

J. T. Be. 

K S. 
L.D.* 
L. F. S. 
L.J. 



Farragut; 
Fitzroy. 



John Macdonald. 



Jules Isaac. 

. Professor of History at the Lycde of Lyons. 

Sir John Knox Laughton, M.A., Litt.D. 

Professor of Modern History, King's College, London. Secretary of the Navy 
Records Society. Served in the Baltic, 1854-1855; in China, 1856-1859. Mathe- 
matical and Naval Instructor, Royal Naval College, Portsmouth, 1866-1873; 
Greenwich, 1873-1885. President, Royal Meteorological Society, 1882-1884. 
Honorary Fellow, Gonville and Caius College, Cambridge. , Fellow, King's College, 
London. Author of Physical Geography in its Relation to the Prevailing Winds and 
Currents; Studies in Naval History; Sea Fights and Adventures; &c. 

Julian Levett Baker, F.I.C. f 

Analytical and Consulting Chemist. Examiner in Brewing to the City and Guilds J »-__«_*„«.„, 
of London Institute, Department of Technology. Hon. Secretary of the Institute 1 * ermelua " on ' 
of Brewing. Author of The Brewing Industry ; &c. I 

i Fair (in part). 

James Montgomery Stuart. -f Fnsrnln 

Author of The History of Free Trade in Tuscany ; Reminiscences and Essays. ]_ oscoio. 

James Paton, F.L.S. r 

Superintendent of Museums and Art Galleries of Corporation of Glasgow. Assistant 

in. Museum of Science and Art, Edinburgh, 1861-1876. President of Museums^ Feather (in part). 
Association of United Kingdom, 1896. Editor and part-author of Scottish National 
Memorials, 1890. t 

Jean Paul Hippolyte Emmanuel Adhemar Esmein. r 

Professor of Law in the University of Paris. Officer of the Legion of Honour. J r< ranr ,p. j m „ n „j T„.t,-f,.^ nttr 
Member of the Institute of France. Author of Cours elementaire d'histoire du droit 1 " 1<4nce - ^ aw ana msmmtons. 
frangais; &c. I 

Joseph Rogerson Cotter, M.A. 

Assistant to the Professor of Natural and Experimental Philosophy, Trinity College, 
Dublin. Editor of 2nd edition of Preston's Theory of Heat. 

Joseph R. Fisher. 

Editor of the Northern Whig, 
the Press ; &c. 



Fluorescence. 



Belfast. Author of Finland and the Tsars; Law of< Finland, 



Julian Robert John Jocelyn. 

Colonel, R.A. Formerly Commandant, Ordnance College; Member of Ordnance 
Committee; Commandant, Schools of Gunnery. 



Fireworks: History. 



Britannica. Joint Editor of the J Fasting; 

Critical History of the Christian 1 Feasts and Festivals. 



Rev. John Sutherland Black, M.A., LL.D. 
Assistant Editor, 9th edition, Encyclopaedia 
Encyclopaedia Biblica. Translated Ritschl's 
Doctrine of Justification and Reconciliation. 

John Smith Flett, D.Sc, F.G.S. r 

Petrographer to the Geological Survey. Formerly Lecturer on Petrology in Edin- J Felsite; 
burgh University. Neill Medallist of the Royal Society of Edinburgh. Bigsby 1 p"]jn.t 
Medallist of the Geological Society of London. |_ 

John Scott Keltie, LL.D., F.S.S.. F.S.A. (Scot.). r 

Secretary, Royal Geographical Society. Knight of Swedish Order of North Star. Finland (in i>art)' 
Commander of the Norwegian Order of St Olaf. Hon.' Member, Geographical^ „.. , \ t It 
Societies of Paris, Berlin, Rome, &c. Editor of Statesman's Year Book. Editor of rlmaers. 
the Geographical Journal. I 

John T. Bealby. i 

Joint Author of Stanford's Europe. Formerly Editor of the Scottish Geographical-} Fens; 

Magazine. Translator of Sven Hedin's Through Asia, Central Asia and Tibet; &c. [Ferghana (in part). 



Kathleen Schlesinger. 

Author of The Instruments of the Orchestra. 

Louis Duchesne. 

See the biographical article: Duchesne, L. M. O. 

Leslie Frederic Scott, M.A., K.C.C. 
Barrister-at-Law, Inner Temple. 



Fiddle; Fife; Flageolet; 
Flute (in part). 

Formosus. 



{ 



Factor. 



Lieut.-Colonel Louis Charles Jackson, R.E., C.M.G. r 

Assistant Director of Fortifications and Works, War Office. Formerly Instructor ]—.-,, 

Fortification, R.M.A., Woolwich. Instructor in Fortification and Military 1 Fortification and Siegecraft. 



Engineering, School of Military Engineering, Chatham 






L.V.' 



Luigi Villari. 

Italian Foreign Office (Emigration Dept.). Formerly Newspaper Correspondent 
in east of Europe. Italian Vice-Consul in New Orleans, 1906; Philadelphia, 1907; 
Boston, U.S.A., 1907-1910. Author of Italian Life in Town and Country; Fire and 
Sword in the Caucasus ; &c. 



Faliero; Fanti, Manfredo; 
Farini, Luigi Carlo; 
Farnese: Family; 
Ferdinand I. and IV. of Naples; 
Ferdinand II. of the Two 

Sicilies; 
Fiesco; Filangieri, C; 
Florence; Foscari; 
Fossombroni; 
Francis II. of the Two 

Sicilies; 
Francis IV. and V. of Modena. 



X 

M. Ha. 

N. W. T. 
0. H.* 



INITIALS AND HEADINGS OF ARTICLES 



Marcus Hartog, M.A., D.Sc, F.L.S. 

Professor of Zoology, University College, Cork. Author of " Protozoa," in Cam- 
bridge Natural History; and papers for various scientific journals. 

Northcote Whitbridge Thomas, M.A. 

Government Anthropologist to Southern Nigeria. Corresponding Member of the 
Soctete' d Anthropologic de Paris. Author of Thought Transference; Kinship and 
Marriage in Australia; &c. 

Otto Hehner, F.I.C., F.C.S. f 

Public Analyst. Formerly President of Society of Public Analysts. ViceTPresident J Food Preservation. 
of Institute of Chemistry of Great Britain and Ireland. Author of works on Butter | 
Analysis; Alcohol Tables; &c. L 



J Flagellate; 
I Foraminifera. 

Faith Healing; 

Fetishism; 

Folklore. 



0. 


H. 


p. 


A. 


p. 


A.K. 


p. 


C. Y. 


p. 


CM. 



David Orme Masson, M.A., D.Sc, F.R.S. 

Professor of Chemistry, Melbourne University. 
the transactions of various learned societies. 



Author of papers on chemistry in \ Fireworks: Modern. 



Paul Daniel Alphandery. 

Professor of the History of Dogma, Ecole Pratique des Hautes Etudes, Sorbonne, 
Paris. Author of Les Id6es morales chez les heterodoxes latines au debut du XIII' 
siecle. 

Prince Peter Alexeivitch Kropotkin. 

. See the biographical article: Kropotkin, P. A. 



f 



Evolution. 



l 



P. G. K. 
P. J. H. 

P. W. 

R. Ad. 

R. A. S. M. 

3. H. C. 

R. J. ffl. 
R. L.* 

R. N. B. 

R. Po. 
R. P. S. 

R. S. C. 
R, Tr. 



Philip Chesney Yorke, M.A. 
Magdalen College, Oxford. 

Peter Chalmers Mitchell, F.R.S. , F.Z.S., D.Sc, LL.D. 

Secretary to the Zoological Society of London. University Demonstrator in Com- 
parative Anatomy and Assistant to Linacre Professor at Oxford, 1881-1891. 
Examiner in Zoology to the University of London, 1903. Author of Outlines of 
Biology; &c. 

Paul George Konody. 

Art Critic of the Observer and the Daily Mail. Formerly Editor of The Artist. 
Author of The Art of Waller Crane; Velasquez, Life and Work; &c. 

Philip Joseph Hartog, M.A., L. es Sc. (Paris). 

Academic Registrar of the University of London. Author of The Writing of English, 
and articles in the Special Reports on educational subjects of the Board of Edu- 
cation. 

Paul Wiriath. 

Director of the Ecole Superieure Pratique de Commerce et d'lndustrie, Paris. 

Robert Adamson, LL.D. 

See the biographical article : Adamson, R. 

Robert Alexander Stewart Macalister, M.A., F.S.A. f 

St John's College, Cambridge. Director of Excavations for the Palestine Ex- -i Font. 
ploration Fund. I 

Rev. Robert Henry Charles, M.A., D.D., D.Litt. (Oxon.). 

Grinfield Lecturer and Lecturer in Biblical Studies, Oxford. Fellow of the British 
Academy. Formerly Senior Moderator of Trinity College, Dublin. Author and - 
Editor of Book of Enoch; Book of Jubilees; Apocalypse of Baruch; Assumption of 
Moses; Ascension of Isaiah; Testaments of the XII. Patriarchs; &c. 



Flagellants. 

f Ferghana {in part) ; 
L Finland (in part). 

f Falkland; Fanshaw; 
Fawkes, Guy; Fell, John; 
Forteseue, Sir John. 



Fiorenzo di Lorenzo; 
Fragonard. 



Examinations (in part). 



•I France: History to 1870. 

j" Fiehte; 

\ Fourier, F. C. M. 



Ronald John McNeill, M.A. 

Christ Church, Oxford. Barrister-at-Law. Formerly Editor of the St James's • 
Gazette, London. 

Richard Lydekker, F.R.S., F.G.S., F.Z.S. 

Member of the Staff of the Geological Survey of India, 1874-1882. Author of 
Catalogue of Fossil Mammals, Reptiles and Birds in British Museum; The Deer 
of all Lands; The Game Animals of Africa; &c. 

Robert Nisbet Bain (d. 1909). 

Assistant Librarian, British Museum, 1883-1909. Author of Scandinavia: the 
Political History of Denmark, Norway and Sweden, 1513-1900; The First Romanovs, 
1613-1725 ; Slavonic Europe : the Political History of Poland and Russia from 1469 
to 1796 ; &c. 

Rene Poupardin, D. es L. 

Secretary of the Ecole des Chartes. Honorary Librarian at the Bibliotheque 
Nationale, Paris. Author of Le Royaume de Provence sous les Carolingiens; Recueil 
des chartes de Saint-Germain ; &c. 

R. Phene Spiers, F.S.A., F.R.I.B.A. 

Formerly Master of the Architectural School, Royal Academy, London. Past 
President of Architectural Association. Associate and Fellow of King's College, 
London. Corresponding Member of the Institute of France. Editor of Fergusson's 
History of Architecture. Author of Architecture: East and West; &c. 

Robert Seymour Conway, M.A., D.Litt. (Cantab.). 

Professor of Latin and Indo-European Philology in the University of Manchester. 
Formerly Professor of Latin in University College, Cardiff ; and Fellow of Gonville 
and Caius College, Cambridge. Author of The Italic Dialects. 

Roland Truslove, M.A. 

Formerly Scholar of Christ Church, Oxford. Fellow, Dean and Lecturer in Classics 
at Worcester College, Oxford. 



Ezra: Third and Fourth 
Books of. 

Fenians; 

Fitzgerald, Lord Edward; 

Flood, Henry. 

Flying-Squirrel; 
Fox. 



-j Franche-Comte. 

r 

-j Flute: Architecture. 

\ Falisci. 

■I France: Statistics. 



INITIALS AND HEADINGS OF ARTICLES 



xx 



8. A. C. 
S.C. 

stc. 

S. E. B. 

S. E. S.-R. 
f. A. L 
T. As. 

T. Ba. 
T. H. H.* 

T. K. C. 
T. Se. 

T.Wo. 
V.M. 

W. A. B. C. 

W. A. P. 
W. B.* 
W. Ca. 
W. Ga. 

W. He. 
W.M.B. 



Exodus, The; 

Ezra and Nehemiah, Books o£ 



/Fine Arts; Finiguerra; 
I Flaxman. 



Stanley Arthur Cook, M.A. 

Editor for Palestine Exploration Fund. Lecturer in Hebrew and Syriac, and 
formerly Fellow, Gonville and Caius College, Cambridge. Examiner in Hebrew and 
Aramaic, London University, 1904-1908. Author of Glossary of Aramaic Inscrip- 
tions ; The Laws of Moses and the Code of Hammurabi ; Critical Notes on Old Testa- 
ment History; Religion of Ancient Palestine; &c. 

Sidney Colvin, LL.D. 

See the biographical article : Colvin, S. 

Viscount St Cyres. 

See the biographical article: Iddesleigh, ist Earl of 

Hon. Simeon Eben Baldwin, M.A., LL.D. 

Professor of Constitutional and Private International Law in Yale University. 
Director of the Bureau of Comparative Law of the American Bar Association. - 
Formerly Chief Justice of Connecticut. Author of Modern Political Institutions; 
American Railroad Law; &c. 

Stephen Edward Spring-Rice, M.A., C.B. (1856-1902). 

Formerly Principal Clerk, H.M. Treasury, and Auditor of the Civil List. Fellow of \ Exchequer (in part). 
Trinity College, Cambridge. 



{ 



Fenelon. 



Extradition: U.S.A. 



Thomas Allan Ingram, M.A., LL.D. 
Trinity College, Dublin. 

Thomas Ashby, M.A., D.Litt. (Oxon.), F.S.A. 

Director of British School of Archaeology at Rome. Formerly Scholar of Christ 
Church, Oxford. Craven Fellow, 1897. Corresponding Member of the Imperial ■* 
German Archaeological Institute. Author of the Classical Topography of the Roman 

Campagna ; &c. 

Sir Thomas Barclay, M.P. j 

Member of the Institute of International Law. Member of the Supreme Council of ^ 
the Congo Free State. Officer of the Legion of Honour. Author of Problems of 
International Practice and Diplomacy; &c. M.P. for Blackburn, 1910. 

Sir Thomas Hungerford Holdich, K.C.M.G., K.C.I.E., D.Sc, F.R.G.S. 

Colonel in the Royal Engineers. Superintendent, Frontier Surveys, India, 1892- 
1898. Gold Medallist, R.G.S., London, 1887. H.M. Commissioner for the* 
Persia-Beluch Boundary, 1896. Author of The Indian Borderland; The Gates of 
India; &c. 

Rev. Thomas Kelly Cheyne, D.D. 

See the biographical article : Cheyne, T. 



-j Explosives: Law. 

Faesulae; Falerii; Falerio; 
Fanum Fortunae; 
Ferentino; Fermo; 
Flaminia Via; 
Florence: Early History; 
Fondi; Fonni; Forum AppiL 

Exterritoriality. 



K. 



Everest, Mount 



-j Eve (in part). 



Flax. 



Thomas Seccombe, M A. 

Lecturer in History, East London and Birkbeck Colleges, University of London 

Stanhope Prizeman, Oxford, 1887. Formerly Assistant Editor of Dictionary of 'J Fawceit, Henry, 

National Biography, 1891-1901. Joint-author of The Bookman History of English 

Literature. Author of The Age of Johnson ; &c. 

Thomas Woodhouse. r 

Head of .Weaving and Textile Designing Department, Technical College, Dundee. | 

Victor Charles Mahillon. r 

Principal of the Conservatoire Royal deMusique at Brussels. Chevalier of the Legion J Flute (in ■pari) 
of Honour. | * 

Rev. William Augustus Brevoort Coolidge, M.A., F.R.G S., Ph.D. (Bern), f 

Fellow of Magdalen College, Oxford. Professor of English History, St David's) w.iji.-. y, 
College, Lampeter, 1880-1881. Author of Guide to Switzerland; The Alps in\ * elaKlrcn ' 
Nature and in History; &c. Editor of the Alpine Journal, 1880-1889. I 

Walter Alison Phillips, M.A. r E xce j] encv . Faust* 

Formerly Exhibitioner of Merton College and Senior Scholar of St John's College, \ t, u - •' ' 

Oxford. Author of Modern Europe; &c. \ Febromamsm. 

William Burton, M.A., F.C.S. r 

Chairman, Joint Committee of Pottery Manufacturers of Great Britain. Author of ■< Firebrick (in part). 

English Stoneware and Earthenware ; &c. I 

Walter Camp, A.M. r 

Member of Yale University Council. Author of American Football; Football Facts \ Football: American (in pari). 
and Figures; &c. I 

Walter Garstang, M.A., D.Sc 

Professor of Zoology at the University of Leeds. Scientific Adviser to H.M. 
Delegates on the International Council for the Exploration of the Sea, 1901-1907. 
Formerly Fellow of Lincoln College, Oxford. Author of The Races and Migrations 
of the Mackerel ; The Impoverishment of the Sea ; &c. 

Walter Hepworth. r 

Formerly Commissioner of the Council of Education, Science and Art Department, \ F00L 

South Kensington. I 

William Michael Rossetti. f Ferrari, Gaudenzio; 

See the biographical article : Rossetti, Dante G. -j Fielding, Copley; 

[ Franceschi, Piero; Francia. 



Fisheries. 



Xll 



INITIALS AND HEADINGS OF ARTICLES 



w. P. P. 
W„ N. S. 

W. P. R. 

Wa A* S* 

W. R. E. H. 
W. Sch. 
W. W. F.* 
W. W. R.* 



William Plane Pycraft, F.Z.S. 

Assistant in the Zoological Department, British Museum. Formerly Assistant . 
Linacre Professor of Comparative Anatomy, Oxford. Vice-President of the 
Selborne Society. Author of A History of Birds ; &c. 

William Napier Shaw, M.A., LL.D., D.Sc, F.R.S. 

Director of the Meteorological Office. Reader in Meteorology in the University of 
London. President of Permanent International Meteorological Committee. „ 
Member of Meteorological Council, 1897-1905. Hon. Fellow of Emmanuel College, 
Cambridge. Fellow of Emmanuel College, 1877-1899; Senior Tutor, 1890-1899. 
Joint Author of Text Book of Practical Physics ; &c. 

Hon. William Pember Reeves. . 

Director of London School of Economics. Agent-General and High Commissioner 
for New Zealand, 1896-1909. Minister of Education, Labour and Justice, New-j p ox Sir William. 
6. Author of The Long White Cloud, a History of New Zealand ; ' 



Feather (in pari). 



Fog. 



Zealand, 1891- 
&c. 



William Robertson Smith, LL.D. 

See the biographical article: Smith, W. R. 



{ 



Eve (in part). 



William Richard Eaton Hodgkinson, Ph.D., F.R.S. r 

Professor of Chemistry and Physics, Ordnance College, Woolwich. Formerly J _ , 
Professor of Chemistry and Physics, R.M.A., Woolwich. Part Author of Vaientin- j -Explosives. 
Hodgkinson's Practical Chemistry; &c. [ 

Sir Wilhelm Schlich, K.C.I.E., M.A., Ph.D., F.R.S., F.L.S. r 

Professor of Forestry at the University of Oxford. Hon. Fellow of St John's College. J _ . . _ .^ 
Author of A Manual of Forestry; Forestry in the United Kingdom; The Outlook of] forests and Forestry. 
the World's Timber Supply; &c. [_ 

William Warde Fowler, M.A. r 

Fellow of Lincoln College, Oxford. Sub-rector, 1881-1904. Gifford Lecturer, J _ . 
Edinburgh University, 1908. Author of The City-State of the Greeks and Romans; | Fortuna. 
The Roman Festivals of the Republican Period ; &c. [ 

William Walker Rockwell, Lic.Theol. f 

Assistant Professor of Church History, Union Theological Seminary, New York. -I Ferrara-Florence, Council oL 
Author of Die Doppelehe des Landgrafen Philipp von Hessen. [ 



PRINCIPAL UNSIGNED ARTICLES 



Evil Eye. 


Fault. 


Fig. 


Excise. 


Federal Government. 


Filigree 


Execution. 


Federalist Party. 


Fir. 


Executors and Adminis- 


Fehmic Courts. 


Fives. 


trators. 


Felony. 


Fleurus. 


Exeter. 


Fez. 


Florida. 


Exile. 


Fezzan. 


Foix. 


Eylau. 


Fictions. 


Fold. 


Famine. 


Fife. 


Fontenelle. 



Fontenoy. 

Foot and Mouth Disease. 

Forest Laws. 

Forfarshire. 

Forgery. 

Formosa. 

Foundling Hospitals. 

Fountain. 



ENCYCLOPAEDIA BRITANNICA 



ELEVENTH EDITION 



VOLUME X 



EVANGELICAL CHURCH CONFERENCE, a convention of 
delegates from the different Protestant churches of Germany. 
The conference originated in 1848, when the general desire for 
political unity made itself felt in the ecclesiastical sphere as well. 
A preliminary meeting was held at Sandhof near Frankfort in 
June of that year, and on the 21st of September some five 
hundred delegates representing the Lutheran, the Reformed, the 
United and the Moravian churches assembled at Wittenberg. 
The gathering was known as Kirchentag (church diet), and, 
while leaving each denomination free in respect of constitution, 
ritual, doctrine and attitude towards the state, agreed to act 
unitedly in bearing witness against the non-evangelical churches 
and in defending the rights and liberties of the churches i.i the 
federation. The organization thus closely resembles that of the 
Free Church Federation in England. The movement exercised 
considerable influence during the middle of the 19th century. 
Though no Kirchentag, as such, has been convened since 1871, 
its place has been taken by the Kongrcss fur innere Mission, 
which holds annual meetings in different towns. There is also 
a biennial conference of the evangelical churches held at Eisenach 
to discuss matters of general interest. Its decisions have no 
legislative force. 

EVANGELICAL UNION, a religious denomination which 
originated in the suspension of the Rev. James Morison (1816- 
1893), minister of a United Secession congregation in Kilmarnock, 
Scotland, for certain views regarding faith, the work of the Holy 
Spirit in salvation, and the extent of the atonement, which were 
regarded by the supreme court of his church as anti-Calvinistic 
and heretical. Morison was suspended by the presbytery in 
1841 and thereupon definitely withdrew from the Secession 
Church. His father, who was minister at Bathgate, and two 
other ministers, being deposed not long afterwards for similar 
opinions, the four met at Kilmarnock on the 16th of May 1843 
(two days before the " Disruption " of the Free Church), and, 
on the basis of certain doctrinal principles, formed themselves 
into an association under the name of the Evangelical Union, 
" for the purpose of countenancing, counselling and otherwise 
aiding one another, and also for the purpose of training up 
spiritual and devoted young men to carry forward the work and 
' pleasure of the Lord.' " The doctrinal views of the new de- 
nomination gradually assumed a more decidedly anti-Calvinistic 



form, and they began also to find many sympathizers among 
the Congregationalists of Scotland. Nine students were expelled 
from the Congregational Academy for holding " Morisonian " 
doctrines, and in 1845 eight churches were disjoined from the 
Congregational Union of Scotland and formed a connexion with 
the Evangelical Union. The Union exercised no jurisdiction 
over the individual churches connected with it, and in this respect 
adhered to the Independent or Congregational form of church 
government; but those congregations which originally were Pres- 
byterian vested their government in a body of elders. In 1889 
the denomination numbered 93 churches; and in 1896, after 
prolonged negotiation, the Evangelical Union was incorporated 
with the Congregational Union of Scotland. 

See The Evangelical Union Annual; History of the Evangelical 
Union, by F. Ferguson (Glasgow, 1876); The Worthies of the E.U. 
(1883) ; W. Adamson, Life of Dr James Morison (1898). 

EVANS, CHRISTMAS (1766-1838), Welsh Nonconformist 
divine, was born near the village of Llandyssul, Cardiganshire, 
on the 25th of December 1766. His father, a shoemaker, died 
early, and the boy grew up as an illiterate farm labourer. At 
the age of seventeen, becoming servant to a Presbyterian 
minister, David Davies, he was affected by a religious revival and 
learned to read and write in English and Welsh. The itinerant 
Calvinistic Methodist preachers and the members of the Baptist 
church at Llandyssul further influenced him, and he soon joine<{ 
the latter denomination. In 1789 he went into North Wales 
as a preacher and settled for two years in the desolate peninsula 
of Lleyn, Carnarvonshire, whence he removed to Llangefni in 
Anglesey. Here, on a stipend of £17 a year, supplemented by a 
little tract-selling, he built up a strong Baptist community, 
modelling his organization to some extent on that of the Calvin- 
istic Methodists. Many new chapels were built, the money being' 
collected on preaching tours which Evans undertook in South 
Wales. 

In 1826 Evans accepted an invitation to Caerphilly, where 
he remained for two years, removing in 1828 to Cardiff. 
In 1832, in response to urgent calls from the north, he settled 
in Carnarvon and again undertook the old work of building and 
collecting. He was taken 01 on a tour in South Wales, and died 
at Swansea on the 19th of July 1838. In spite of his early dis- 
advantages and personal disfigurement (he had lost an eye in a 

x. 1 



EVANS, E. H.— EVANS, O. 



youthful brawl), Christmas Evans was a remarkably powerful 
preacher. To a natural aptitude for this calling he united a 
nimble mind and an inquiring spirit; his character was simple, 
his piety humble and his faith fervently evangelical. For a time 
he came under Sandemanian influence, and when the Wesleyans 
entered Wales he took the Calvinist side in the bitter controversies 
that were frequent from 1800 to 1810. His chief characteristic 
was a vivid and affluent imagination, which absorbed and 
controlled all his other powers, and earned for him the name of 
" the Bunyan of Wales." 

His works were edited by Owen Davies in 3 vols. (Carnarvon, 
1895-1897). See the Lives by D. R. Stephens (1847) and Paxton 
Hood (1883). 

EVANS, EVAN HERBER (1836-1896), Welsh Nonconformist 
divine, was born on the 5th of July 1836, at Pant yr Onen near 
Newcastle Emlyn, Cardiganshire. As a boy he saw something 
of the " Rebecca Riots," and went to school at the neighbouring 
village of Llechryd. In 1853 he went into business, first at 
Pontypridd and then at Merthyr, but next year made his way to 
Liverpool. He decided to enter the ministry, and studied arts 
and theology respectively at the Normal College, Swansea, and 
the Memorial College, Brecon, his convictions being deepened 
by the religious revival of 1858-1859. In 1862 he succeeded 
Thomas Jones as minister of the Congregational church at 
Morriston near Swansea. In 1865 he became pastor of Salem 
church, Carnarvon, a charge which he occupied for nearly thirty 
years despite many invitations to English pastorates." In 1894 
he became principal of the Congregational college at Bangor. 
He died on the 30th of December 1896. He was chairman of 
the Welsh Congregational Union in 1886 and of the Congregational 
Union of England and Wales in 1892; and by his earnest 
ministry, his eloquence and his literary work, especially in the 
denominational paper Y Dysgedydd, he achieved a position of 
great influence in his country. 

See Life by H. Elvet Lewis. 

EVANS, SIR GEORGE DE LACY (1787-1870), British soldier, 
was born at Moig, Limerick, in 1787. He was educated at 
Woolwich Academy, and entered the army in 1806 as a volunteer, 
obtaining an ensigncy in the 22nd regiment in 1807. His early 
service was spent in India, but he exchanged into the 3rd Light 
Dragoons in order to take part in the Peninsular War, and was 
present in the retreat from Burgos in 181 2. In 1813 he was at 
Vittoria, and was afterwards employed in making a military 
survey of the passes of the Pyrenees. He took part in the cam- 
paign of 1 8 14, and was present at Pampeluna, the Nive and 
Toulouse; and later in the year he served with great distinction 
on the staff in General Ross's Bladensburg campaign, and took 
part in the capture of Washington and of Baltimore and the 
operations before New Orleans. He returned to England in the 
spring of 181 s, in time to take part in the Waterloo campaign as 
assistant quartermaster-general on Sir T. Picton's staff. As a 
member of the staff of the duke of Wellington he accompanied 
the English army to Paris, and remained there during the 
occupation of the city by the allies. He was still a substantive 
captain in the 5th West India regiment, though a lieutenant- 
colonel by brevet, when he went on half-pay in 1818. In 1830 
he was elected M.P. for Rye in the Liberal interest; but in the 
election of 1832 he was an unsuccessful candidate both for that 
borough and for Westminster. For the latter constituency he 
was, however, returned in 1833, and, except in the parliament 
of 1841-1846, he continued to represent it till 1865, when he 
retired from political life. His parliamentary duties did not, 
however, interfere with his career as a soldier. In 1835 he went 
out to Spain in command of the Spanish Legion, recruited in 
England, and 9600 strong, which served for two years in the 
Carlist War on the side of the queen of Spain. In spite of great 
difficulties the legion won great distinction on the battlefields 
of northern Spain, and Evans was able to say that no prisoners 
had been taken from it in action, that it had never lost a gun 
or an equipage, and that it had taken 27 guns and 1100 prisoners 
from the en,emy. He received several Spanish orders, and on his 
return in 1839 was made a colonel and K.C.B. In 1846 he became 



major-general; and in 1854, on the breaking-out of the Crimean 
War, he was made lieutenant-general and appointed to command 
the 2nd division of the Army of the East. At the battle of the 
Alma, where he received a severe wound, his quick comprehension 
of the features of the combat largely contributed to the victory. 
On the 26th of October he defeated a large Russian force which 
attacked his position on Mount Inkerman. -Illness and fatigue 
compelled him a few days after this to leave the command of his 
division in the hands of General Pennefather; but he rose 
from his sick-bed on the day of the battle of Inkerman, the 5th of 
November, and, declining to take the command of his division 
from Pennefather, aided him in the long-protracted struggle by 
his advice. On his return invalided to England in the following 
February, Evans received the thanks of the House of Commons. 
He was made a G.C.B., and the university of Oxford conferred on 
him the degree of D.C.L. In 1861 he was promoted to the full 
rank of general. He died in London on the pth of January 1870. 

EVANS, SIR JOHN (1823-1908)-; English 'archaeologist and 
geologist, son of the Rev. Dr A. B. Evans, head master of 
Market Bosworth grammar school, was born at Britwell Court, 
Bucks, on the 17th of November 1823. He was for many years 
head of the extensive paper manufactory of Messrs John Dickin- 
son at Nash Mills, Hemel Hempstead, but was especially dis- 
tinguished as an antiquary and numismatist. He was the author 
of three books, standard in their respective departments: The 
Coins of the Ancient Britons (1864); The Ancient Stone Imple- 
ments, Weapons and Ornaments of Great Britain (1872, 2nd ed. 
1897); and The Ancient Bronze Implements, Weapons and 
Ornaments of Great Britain and Ireland (1881). He also wrote a 
number of separate papers on archaeological and geological sub- 
jects — notably the papers on " Flint Implements in the Drift " 
communicated in i860 and : 1862 to Archaeologia, the orgariof the 
Society of Antiquaries. Of that society he was president from 
1885 to 1892, and he was president of the Numismatic Society 
from 1874 to the time of his death. Pie also presided over the 
Geological Society, 1874-1876; the Anthropological Institute, 
1877-1879; the Society of Chemical Industry, 1892-1893; 
the British Association, 1897-1898; and for twenty years (1878- 
1898) he was treasurer of the Royal Society. As president of the 
Society of Antiquaries he was an ex officio trustee of the British 
Museum, and subsequently he became a permanent trustee. 
His academic honours included honorary degrees from several 
universities, and he was a corresponding member of the Institut 
de France. He was created a K.C.B. in 1892. He died at 
Berkhamsted on the 31st of May 1908. 

His eldest son, Arthur John Evans, born in 1851, was 
educated at Brasenose College, Oxford, and Gottirigen. He be- 
came fellow of Brasenose and in 1884 keeper of the Ashmolean 
Museum at Oxford. He travelled in Finland and Lapland in 
1873-1874, and in 1875 made a special study of archaeology 
and ethnology in the Balkan States. In 1893 he began his 
investigations in Crete, which have resulted in discoveries of 
the utmost importance concerning the early history of Greece 
and the eastern Mediterranean (see Aegean Civilization and 
Crete). He is a member of all the chief archaeological societies 
in Europe, holds honorary degrees at Oxford, Edinburgh and 
Dublin, and is a fellow of the Royal Society. His chief publi- 
cations are: Cretan Pictographs and Prae- Phoenician Script 
(1896); Further Discoveries of Cretan and Aegean Script (1898); 
The Mycenaean Tree and Pillar Cult (1901); Scripta Minoa 
(1909 foil.); and reports on the excavations. He also edited 
with additions Freeman's History of Sicily, vol. iv. 

EVANS, OLIVER (1755-1819), American mechanician, was 
born at Newport, Delaware, in 1755. He was apprenticed to a 
wheelwright, and at the age of twenty-two he invented a machine 
for making the card-teeth used in carding wool and cotton. 
In 1780 he became partner with his brothers, who were practical 
millers, and soon introduced various labour-saving appliances 
which both cheapened and improved the processes of flour* 
milling. Turning his attention to the steam engine, he employed 
steam at a relatively high pressure, and the plains of his invention 
which he sent over to England in 1787 and in 1 794-1 795 are said 



EVANSON— EVANSVILLE 



3- 



to have been seen by R. Trevithick, whom in that case he 
anticipated in the adoption of the high-pressure principle. He 
made use of his engine for driving mill machinery; and in 1803 
he constructed a steam dredging machine, which also propelled 
itself on land. In 1819 a disastrous fire broke out in his factory 
at Pittsburg, and he did not long survive it, dying at New York 
on the 21st of April 1819. 

EVANSON, EDWARD (1731-1805), English divine, was born 
on the 21st of April 1731 at Warrington, Lancashire. After 
graduating at Cambridge (Emmanuel College) and taking holy 
orders, he officiated for several years as curate at Mitcharh. In 
1768 he became vicar of South Mimms near Barnet; and in 
November 1769 he was presented to the rectory of Tewkesbury, 
with which he held also the vicarage of Longdon in Worcester- 
shire. In the course of his studies he discovered what he thought 
important variance between the teaching of the Church of Eng- 
land and that of the Bible, and he did not conceal his convictions. 
In reading the service he altered or omitted phrases which seemed 
to him untrue, and in reading the Scriptures pointed out errors 
in the translation. A crisis was brought on by his sermon on the 
resurrection, preached at Easter 1771; and in November 1773 
a prosecution was instituted against him in the consistory court 
of Gloucester. He was charged with " depraving the public 
worship of God contained in the liturgy of the Church of England, 
asserting the same to be superstitious and unchristian, preaching, 
writing and conversing against the creeds and the divinity of 
our Saviour, and assuming to himself the power of making 
arbitrary alterations in his performance of the public worship." 
A protest was at once signed and published by a large number 
of his parishioners against the prosecution. The case was dis- 
missed on technical grounds, but appeals were made to the court 
of arches and the court of delegates. Meanwhile Evanson had 
made his views generally known by several publications. In 
1772 appeared anonymously his Doctrines of a Trinity and the 
Incarnation of God, examined upon the Principles of Reason and 
Common Sense. This was followed in 1777 by A Letter to Dr 
Hurd, Bishop of Worcester, wherein the Importance of the Prophecies 
of the New Testament and the Nature of the Grand Apostasy pre- 
dicted in them are particularly and impartially considered. He also 
wrote some papers on the Sabbath, which brought him into 
controversy with Joseph Priestley, who published the whole 
discussion (1792). In the same year appeared Evanson's work 
entitled The Dissonance of the four generally received Evangelists, 
to which replies were published by Priestley and David Simpson 
(1793). Evanson rejected most of the books of the New Testa- 
ment as forgeries, and of the four gospels he accepted only that 
of St. Luke. In his later years he ministered to a Unitarian 
congregation at Lympston, Devonshire. In 1802 he published 
Reflections upon the State of Religion in Christendom, in which he 
attempted to explain and illustrate the mysterious foreshadow- 
ings of the Apocalypse. This he considered the most important 
of his writings. Shortly before his death at Colford, near 
Crediton, Devonshire, on the 25th of September 1805, he com- 
pleted his Second Thoughts on the Trinity, in reply to a work of the 
bishop of Gloucester. 

His sermons (prefaced by a Life by G. Rogers) were published in 
two volumes in 1807, and were the occasion of T. Falconer's Bampton 
Lectures in 181 1. A narrative of the circumstances which led to the 
prosecution of Evanson was published by N. Havard, the town-clerk 
of Tewkesbury, in 1778. 

EVANSTON, a city of Cook county, Illinois, U.S.A., on the 
shore of Lake Michigan, 12 m. N. of Chicago. Pop. (1900) 
19,259, of whom 4441 were foreign-born; (1910 U. S. census) 
24,978. It is served by the Chicago & North-Western, and the 
Chicago, Milwaukee & St Paul railways, and by two electric 
lines. The city is an important residential suburb of Chicago. 
In 1908 the Evanston public library had 41,430 volumes. In the 
city are the College of Liberal Arts (1855), the Academy (i860), 
and the schools of music (1895) and engineering (1908) of North- 
western University, co-educational, chartered in 185 1, opened in 
1855, the largest school of the Methodist Episcopal Church in 
America. In 1909-1910 it had productive funds amounting to 
about $7, 500,000, and, including all the allied schools, a faculty of 



418 instructors and 4487 students; its schools of medicine (1869), 
law (1859), pharmacy (1886), commerce (1908) and dentistry 
(1887) are in Chicago. In 1909 its library had 114,869 volumes 
and 79,000 pamphlets (exclusive of the libraries of the professional 
schools in Chicago) ; and the Garrett Biblical Institute had a 
library of 25,671 volumes and 4500 pamphlets. The university, 
maintains the Grand Prairie Seminary at Onarga, Iroquois 
county, and the Elgin Academy at Elgin, Kane county. Enjoy- 
ing the privileges of the university, though actually independent 
of it, are the Garrett Biblical Institute (Evanston Theological 
Seminary), founded in 1855, situated on the university campus, 
and probably the best-endowed Methodist Episcopal theological 
seminary in the. United States, and affiliated with the Institute, 
the Norwegian Danish Theological school; and the Swedish 
Theological Seminary, founded at Galesburg in 1870, removed to 
Evanston in 1882, and occupying buildings on the university 
campus until 1907, when it removed to Orrington Avenue and 
Noyes Street. The Cumnock School of Oratory, at Evanston, 
also co-operates with the university. By the charter of the 
university the sale of intoxicating liquors is forbidden within 
4 m. of the university campus. The manufacturing importance 
of the city is slight, but is rapidly increasing. The principal 
manufactures are wrought iron and steel pipe, bakers' machinery 
and bricks. In 1905 the value of the factory products was 
$2,550,529, being an increase of 207'3% since 1900. , In 
Evanston are the publishing offices of the National Woman's 
Christian Temperance Union. Evanston was incorporated as a 
town in 1863 and as a village in 1872, and was chartered 
as a city in 1892. The villages of North Evanston and 
South Evanston were annexed to Evanston in 1874 and 1892 
respectively. 

EVANSVILLE, a city and the county-seat of Vanderburg 
county, Indiana, U.S.A., and a port of entry, on the N. bank of 
the Ohio river, 200 m. below Louisville, Kentucky — measuring 
by the windings of the river, which double the direct distance., 
Pop. (1890) 50,756; (1000) 59.007; (1010 census) 69,647. 
Of the total population in 1900, 5518 were negroes, 5626 were 
foreign-born (including 4380 from Germany and 384 from Eng- 
land), and 17,419 were of foreign parentage (both parents 
foreign-born), and of these 13,910 were of German parentage- 
Evansville is served by the Evansville & Terre Haute, the 
Evansville & Indianapolis, the Illinois Central, the Louisville & 
Nashville, the Louisville, Henderson & St Louis, and the Southern 
railways, by several interurban electric lines, and by river steam- 
boats. The city is situated on a plateau above the river, and 
has a number of fine business and public buildings, including 
the court house and city hall, the Southern Indiana hospital for 
the insane, the United States marine hospital, and the Willard 
library and art gallery, containing in 1908 about 30,000 volumes. 
The city's numerous railway connexions and its situation in 
a coal-producing region (there are five mines within the city 
limits) and on the Ohio river, which is navigable nearly all the. 
year, combine to make it the principal commercial and manu- 
facturing centre of Southern Indiana. It is in a tobacco-growing 
region, is one of the largest hardwood lumber markets in the 
country, and has an important shipping trade in pork, agricul- 
tural products, dried fruits, lime and limestone, flour and tobacco. 
Among its manufactures in 1905 were flour and grist mill products 
(value, $2,638,914), furniture ($1,655,246), lumber and timber 
products ($1,229,533), railway cars ($1,118,376),- packed meats 
($998,428), woollen and cotton goods, cigars and cigarettes, 
malt liquors, carriages and wagons, leather and canned goods 
The value of the factory products increased from $12,167,524 
in 1900 to $19,201,716 in 1905, or 57-8%, and in the latter year. 
Evansville ranked third among the manufacturing cities in the 
state. The waterworks are owned and operated by the city. 
First settled about 1812, Evansville was laid out. in 1817, and 
was named in honour of Robert Morgan Evans (1783-1844), one 
of its founders, who was an officer under General W. H. Harrison 
in the war of 181 2. It soon became a thriving commercial town. 
with an extensive river trade, was incorporated in 1819, and 
received a city charter in 1847. The completion of the Wabash 



EVARISTUS— EVE 



& Erie Canal, in 1853, from Evansville to Toledo, Ohio, a distance 
of 400 m., greatly accelerated the city's growth. 

EVARISTUS, fourth pope (c. 98-105), was the immediate 
successor of Clement. 

EVARTS, WILLIAM MAXWELL (1818-1901), American 
lawyer, was born in Boston on the 6th of February 1818. He 
graduated at Yale in 1837, was admitted to the bar in New York 
in 1 84 1, and soon took high rank in his profession. In i860 he 
was chairman of the New York delegation to the Republican 
national convention. In 1861 he was an unsuccessful candidate 
for the United States senatorship from New York. He was chief 
counsel for President Johnson during the impeachment trial, 
and from July 1868 until March 1869 he was attorney-general of 
the United States. In 1872 he was counsel for the United States 
in the " Alabama " arbitration. During President Hayes's ad- 
ministration (1877-1881) he was secretary of state; and from 
1885 to 1891 he was one of the senators from New York. As 
an orator Senator Evarts stood in the foremost rank, and some 
of his best speeches were published. He died in New York on 
the 28th of February 1901. 

EVE, the English transcription, through Lat. Eva and Gr. Efia, 
of the Hebrew name "i* Hawah, given by Adam to his wife 
because she was " mother of all living," or perhaps more strictly, 
" of every group of those connected by female kinship " (see 
W. R. Smith, Kinship, 2nd ed., p. 208), as if Eve were the per- 
sonification of mother-kinship, just as Adam (" man ") is the 
personification of mankind. 

[The abstract meaning " life " (LXX. Z«^), once favoured by 
Robertson Smith, is at any rate unsuitable in a popular story. 
Wellhausen and Noldeke would compare the Ar. hayyatun, 
" serpent," and the former remarks that, if this is right, the 
Israelites received their first ancestress from the Hivvites 
(Hivites), who were originally the serpent-tribe {Composition des 
Hexateuchs, p. 343; cf. Reste arabischen Heidentums, 2nd ed., 
p. 1 54). Cheyne, too, assumes a common origin for Hawah and 
the Hiwites.] 

[The account of the origin of Eve (Gen. iii. 21-23) runs thus: 
" And Yahweh-Elohim caused a deep sleep to fall upon the man, 
and he slept. And he took one of his ribs, and closed 
0/ Eve. U P tne A es b m ' ts ste ad, and the rib which Yahweh- 
Elohim had taken from the man he built up into a 
woman, and he brought her to the man." Enchanted at the 
sight, the man now burst out into elevated, rhythmic speech: 
" This one," he said, " at length is bone of my bone and flesh 
of my flesh," &c; to which the narrator adds the comment, 
" Therefore doth a man forsake his father and his mother, and 
cleave to his wife, and they become one flesh (body)." Whether 
this comment implies the existence of the custom of beena, 
marriage (W.R.Smith, Kinship, 2nd ed., p. 208), seems doubtful. 
It is at least equally possible that the expression " his wife " 
simply reflects the fact that among ordinary Israelites circum- 
stances had quite naturally brought about the prevalence of 
monogamy. 1 What the narrator gives is not a doctrine of 
marriage, much less a precept, but an explanation of a simple 
and natural phenomenon. How is it, he asks, that a man is so 
irresistibly drawn towards a woman? And he answers: Because 
the first woman was built up out of a rib of the first man. At the 
same time it is plain that the already existing tendency towards 
monogamy must have been powerfully assisted by this presenta- 
tion of Eve's story as well as by the prophetic descriptions of 
Yahweh's relation to Israel under the figure of a monogamous 
union.] 

[The narrator is no rhetorician, and spares us a description of 
the ideal woman. But we know that, for Adam, his strangely 
Stw produced wife was a " help (or helper) matching or 

Testament corresponding to him "; or, as the Authorized Version 

OoaT" puts ifc ' " a help meet for him " ( ii- l8 ^' This does 
not, of course, exclude subordination on the part of the 

WMnan; what is excluded is that exaggeration of natural 

subordination which the narrator may have found both in his 

1 That polygamy had not become morally objectionable is shown 
by the stories of Lantech, Abraham and Jacob. 



own and in the neighbouring countries, and which he may have 
regarded as (together with the pains of parturition) the punish- 
ment of the woman's transgression (Gen. iii. 16). His own ideal 
of woman seems to have made its way in Palestine by slow degrees. 
An apocryphal book (Tobit viii. 6, 7) seems to contain the only 
reference to the section till we come to the time of Christ, to 
whom the comment in Gen. ii. 24 supplies the text for an authori- 
tative prohibition of divorce, which presupposes and sanctifies 
monogamy (Matt. x. 7, 8; Matt. xix. 5). For other New 
Testament applications of the story of Eve see 1 Cor. xi. 8, 9 
(especially); 2 Cor. xi. 3; 1 Tim. ii. 13, 14; and in general cf. 
Adam, and Ency. Biblica, " Adam and Eve."] 

[The seeming omissions in the Biblical narrative have been 
filled up by imaginative Jewish writers.] The earliest source 

which remains to us is the Book of Jubilees, or Lepto- , , 

t»i •• \ / e- » . -^4-T^. . imaglna* 

genesis, a Palestinian work (referred, by R. H. Charles tlve or 

to the century immediately preceding the Christian era ; legendary 
see Apocalyptic Literature) . In this book, which was ^j5 P " 
largely used by Christian writers, we find a chronology 
of the lives of Adam and Eve and the names of their daughters — 
Avan and Azura. 2 The Targum of Jonathan informs us that Eve 
was created from the thirteenth rib of Adam's right side, thus 
taking the view that Adam had a rib more than his descendants. 
Some of the Jewish legends show clear marks of foreign influence. 
Thus the notion that the first man was a double being, afterwards 
separated into the two persons of Adam and Eve (Berachot, 61; 
Erubin, 18), may be traced back to Philo (De mundi opij. §53; 
cf. Quaest. in Gen. lib. i. §25), who borrows the idea, and almost 
the words, of the myth related by Aristophanes in the Platonic 
Symposium (189 D, 190 a), which, in extravagant form, explains 
the passion of love by the legend that male and female originally 
formed one body. 

[A recent critic 3 (F. Schwally) even holds that this notion 
was originally expressed in the account of the creation of man in 
Gen. i. 27. This involves a textual emendation, and one must 
at least admit that the present text is not without difficulty, 
and that Berossus refers to the existence of primeval monstrous 
androgynous beings according to Babylonian mythology.] 
There is an analogous Iranian legend of the true man, which 
parted into man and woman in the Bundahish 4 (the Parsi 
Genesis), and an Indian legend, which, according to Spiegel, 
has presumably an Iranian source. 5 

[It has been remarked elsewhere (Adam, §16) that though 
the later Jews gathered material for thought very widely, such 
guidance as they required in theological reflection was course of 
mainly derived from Greek culture. What, for in- Jewish and 
stance, was to be made of such a story as that in Gen. Christian 
ii.-iv.? To " minds trained under the influence of the ^fo^f" 
Jewish Haggada, in which the whole Biblical history 
is freely intermixed with legendary and parabolic matter," the 
question as to the literal truth of that story could hardly be 
formulated. It is otherwise when the Greek leaven begins to 
work.] 

Josephus, in the prologue to his Archaeology, reserves the 
problem of the true meaning of the Mosaic narrative, but does 
not regard everything as strictly literal. Philo, the great repre- 
sentative of Alexandrian allegory, expressly argues that in the 
nature of things the trees of life and knowledge cannot be taken 
otherwise than symbolically. His interpretation of the creation 
of Eve is, as has been already observed, plainly suggested by a 
Platonic myth. The longing for reunion which love implants 
in the divided halves of the original dual man is the source of 
sensual pleasure (symbolized by the serpent), which in turn is 
the beginning of all transgression. Eve represents the sensuous 
or perceptive part of man's nature, Adam the reason. The 
serpent, therefore, does not venture to attack Adam directly. 

* See West's authoritative translation in PaHlavi Texts (Sacred 
Books of the East). 

3 " Die bibl. Schopfungsberichte " (Archivfiir Religionswissenscha.fi, 
ix. 171 ff.). 

4 Spiegel, Erdnische Alterthumskunde, i. 51 1. 

8 Muir, Sanscrit Texts, vol. i. p. 25; cf. Spiegel, vol. i. p. 458. 



EVECTION— EVELYN 



It is sense which yields to pleasure, and in turn enslaves the reason 
and destroys its immortal virtue. This exposition, in which 
the elements of the Bible narrative become mere symbols of 
the abstract notions of Greek philosophy, and are adapted to 
Greek conceptions of the origin of evil in the material and sensuous 
part of man, was adopted into Christian theology by Clement 
and Origen, notwithstanding its obvious inconsistency with the 
Pauline anthropology, and the difficulty which its supporters 
felt in reconciling it with "the Christian doctrine of the excellence 
of the married state (Clemens Alex. Stromata, p. 174). These 
difficulties had more weight with the Western church, which, 
less devoted to speculative abstractions and more deeply in- 
fluenced by the Pauline anthropology, refused, especially since 
Augustine, to reduce Paradise and the fall to the region of pure 
intelligibilia; though a spiritual sense was admitted along with 
the literal (Aug. Civ. Dei, xiii. 21). 1 

The history of Adam and Eve became the basis of anthropo- 
logical discussions which acquired more than speculative import- 
ance from their connexion with the doctrine of original sin and 
the meaning of the sacrament of baptism. One or two points 
in Augustinian teaching may be here mentioned as having to do 
particularly with Eve. The question whether the soul of Eve 
was derived from Adam or directly infused by the Creator is 
raised as an element in the great problem of traducianism and 
creationism (De Gen. ad lit. lib. x.). And it is from Augustine 
that Milton derives the idea that Adam sinned, not from desire 
for the forbidden fruit, but because love forbade him to dissociate 
his fate from Eve's (ibid. lib. xi. sub fin.). Medieval discussion 
moved mainly in the lines laid down by Augustine. A sufficient 
sample of the way in which the subject was treated by the school- 
men may be found in the Summa of Thomas, pars i. qu. xcii. 
De productione mulieris. 

The Reformers, always hostile to allegory, and in this matter 
especially influenced by the Augustinian anthropology, adhered 
strictly to the literal interpretation of the history of the Proto- 
plasts, which has continued to be generally identified with 
Protestant orthodoxy. The disintegration of the confessional 
doctrine of sin in last century was naturally associated with new 
theories of the meaning of the biblical narrative; but neither 
renewed forms of the allegorical interpretation, in which every- 
thing is reduced to abstract ideas about reason and sensuality, 
nor the attempts of Eichhorn and others to extract a kernel of 
simple history by allowing largely for the influence of poetical 
form in so early a narrative, have found lasting acceptance. 
On the other hand, the strict historical interpretation is beset 
with difficulties which modern interpreters have felt with in- 
creasing force, and which there is a growing disposition to solve 
by adopting in one or other form what is called the mythical 
theory of the narrative. But interpretations pass under this 
now popular title which have no real claim to be so designated. 
What is common to the " mythical " interpretations is to find the 
real value of the narrative, not in the form of the story, but in the 
thoughts which it embodies. But the story cannot be called 
a myth in the strict sense of the word, unless we are prepared 
to place it on one line with the myths of heathenism, produced 
by the unconscious play of plastic fancy, giving shape to the 
impressions of natural phenomena on primitive observers. Such 
a theory does no justice to a narrative which embodies profound 
truths peculiar to the religion of revelation. Other forms of the 
so-called mythical interpretation are little more than abstract 
allegory in a new guise, ignoring the fact that the biblical story 
does not teach general truths which repeat themselves in every 
individual, but gives a view of the purpose of man's creation, 
and of the origin of sin, in connexion with the divine plan of 
redemption. Among his other services in refutation of the 
unhistorical rationalism of last century, Kant has the merit of 
having forcibly recalled attention to the fact that the narrative of 
Genesis, even if we do not take it literally, must be regarded as 

1 Thus in medieval theology Eve is a type of the church, and her 
formation from the rib has a mystic reason, inasmuch as blood and 
water (the sacraments of the church) flowed from the side of Christ 
on the cross (Thomas, Summa, par. i. qu. xcii.). 



presenting a view of the beginnings of the history of the human 
race (Muthmasslicher Anfang der Menschengeschichte, 1786) 
Those who recognize this fact ought not to call themselves or be 
called by others adherents of the mythical theory, although they 
also recognize that in the nature of things the divine truths 
brought out in the history of the creation and fall could not have 
been expressed either in the form of literal history or in the shape 
of abstract metaphysical doctrine; or even although they may 
hold' — as is done by many who accept the narrative as a part ol 
supernatural revelation — that the specific biblical truths which 
the narrative conveys are presented through the vehicle of a 
story which, at least in some of its parts, may possibly be shaped 
by the influence of legends common to the Hebrews with their 
heathen neighbours. (W. R. S.; [T. K. C.]) 

EVECTION (Latin for " carrying away "), in astronomy, the 
largest inequality produced by the action of the sun in the 
monthly revolution of the moon around the earth. The deviation 
expressed by it has a maximum amount of about i° 1 5' in either 
direction. It may be considered as arising from a semi-annual 
variation in the eccentricity of the moon's orbit and the position 
of its perigee. It was discovered by Ptolemy. 

EVELETH, a city of St Louis county, Minnesota, U.S.A., about 
71 m. N.N.W. of Duluth. Pop. (1900) 2752; (190,5, state census) 
5332, of whom 2975 were foreign-born (1145 Finns, 676 Aus- 
trians and 325 Swedes); (1910) 7036. Eveleth is served by the 
Duluth, Missabe & Northern and the Duluth & Iron Range rail- 
ways. It lies in the midst of the great red and brown hematite 
iron-ore deposits of the Mesabi Range — the richest in the Lake 
Superior district — and the mining and shipping of this ore are 
its principal industries. The municipality owns and operates 
the water-works, the water being obtained from Lake Saint 
Mary, one of a chain of small lakes lying S. of the city. Eve- 
leth was first chartered as a city in 1902. 

EVELYN, JOHN (1620-1706), English diarist, was born at 
Wotton House, near Dorking, Surrey, on the 31st of October 
1620. He was the younger son of Richard Evelyn, who owned 
large estates in the county, and was in 1633 high sheriff of Surrey 
and Sussex. When John Evelyn was five years old he went to 
live with his mother's parents at Cliffe, near Lewes. He refused 
to leave his " too indulgent " grandmother for Eton, and when 
on her husband's death she married again, the boy went with her 
to Southover, where he attended, the free school of the place. 
He was admitted to the Middle Temple in February 1637, and in 
May be became a fellow commoner of Balliol College, Oxford. 
He left the university without taking a degree, and in 1640 was 
residing in the Middle Temple. In that year his father died, and 
in July 1641 he crossed to Holland. He was enrolled as a 
volunteer in Apsley's company, then encamped before Genep 
on the Waal, but his commission was apparently complimentary, 
his military experience being limited to six days of camp life, 
during which, however, he took his turn at " trailing a pike." 
He returned in the autumn to find England on the verge of 
civil war. Evelyn's part in the conflict is best told in his own 
words : — 

" 12th November was the battle of Brentford, surprisingly fought. 
... I came in with my horse and arms just at the retreat; out 
was not permitted to stay longer than the 15th by reason of the army 
marching to Gloucester; which would have left both me and my 
brothers exposed to ruin, without any advantage to his Majesty 
. . . and on the 10th [December] returned to Wotton, nobody 
knowing of my having been in his Majesty's army." 

At Wotton he employed himself in improving his brother's 
property, making a fishpond, an island and other alterations in 
the gardens. But he found it difficult to avoid taking a side; 
he was importuned to sign the Covenant, and " finding it im- 
possible to evade doing very unhandsome things," he obtained 
leave in October 1643 from tne kin S to travel abroad. From 
this date his Diary becomes full and interesting. He travelled in 
France and visited the cities of Italy, returning in the autumn 
of 1646 to Paris, where he became intimate with Sir Richard 
Browne, the English resident at the court of France. In June 
of the following year he married Browne's daughter and heiress, 
Mary, then a child of not more than twelve years of age. Leaving 



$ 



EVELYN 



his wife in the care of her parents, he returned to England to 
settle his affairs. He visited Charles I. at Hampton Court in 
1647, and during the next two years maintained a cipher correr 
spondence with his father-in-law in the royal interest. In 1649 
he obtained a pass to return to Paris, but in 1650 paid a short 
visit to England. The defeat of Charles II. at Worcester in 1651 
convinced him that the royalist cause was hopeless, and he decided 
to return to England, He went in 1652 to Saves Court at Dept- 
ford, a house which Sir Richard Browne had held on a lease 
from the crown. This had been seized by the parliament, but 
Evelyn was able to compound with the occupiers for £3500, and 
after the Restoration his possession was secured. Here his wife 
joined him, their eldest son, Richard, being born in August 1652. 
Under the . Commonwealth Evelyn amused himself with his 
favourite occupation of gardening, and made many friends among 
the scientific inquirers of the time. He was one of the promoters 
of the scheme for the Royal Society, and in the king's charter in 
1662 was nominated a member of its directing council. Mean- 
while he had refused employment from the government of the 
Commonwealth, and had maintained a cipher correspondence 
with Charles. In 1659 he published an Apology for the Royal 
Party, and in December of that year he vainly tried to persuade 
Colonel Herbert Morley, then lieutenant of the Tower, to forestall 
General Monk by declaring for the king. From the Restoration 
onwards Evelyn enjoyed unbroken court favour till his death in 
1706; but he never held any important political office, although 
he filled many useful and often laborious minor posts. He was 
commissioner for improving the streets and buildings of London, 
for examining into the affairs of charitable foundations, com- 
missioner of the Mint, and of foreign plantations. In 1664 he 
accepted the responsibility for the care of the sick and wounded 
and the prisoners in the Dutch war. He stuck to his post 
throughout the plague year, contenting himself with sending his 
family away to Wotton. He found it impossible to secure 
sufficient money for the proper discharge of his functions, and in 
1688 he was still petitioning for payment of his accounts in this 
business. Evelyn was secretary of the Royal Society in 1672, 
and as an enthusiastic promoter of' its interests was twice (in 
1682 and 1691) offered the presidency. Through his influence 
Henry Howard, duke of Norfolk, was induced to present the 
Arundel marbles to the university of Oxford (1667) and the 
valuable Arundel library to Gresham College (1678). In the 
reign of James II., during the earl of Clarendon's absence in 
Ireland, he acted as one of the commissioners of the privy seal. 
He was seriously alarmed by the king's attacks on the English 
Church, and refused on two occasions to license the illegal sale 
of Roman Catholic literature. He concurred in the revolution of 
1688, in 1695 was entrusted with the office of treasurer of Green- 
wich hospital for old sailors, and laid the first stone of the new 
building on the 30th of June 1696. In 1694 he left Sayes Court 
to live at Wotton with his brother, whose heir he had become, 
and whom he actually succeeded in 1 699. He spent the rest of his 
life there, dying on the 27th of February 1706. Evelyn's house 
at Sayes Court had been let to Captain, afterwards Admiral John 
Benbow, who was not a " polite " tenant. He sublet it to Peter 
the Great, who was then visiting the dockyard at Deptford. 
The tsar did great damage to Evelyn's beautiful gardens, and, 
it is said, made it one of his amusements to ride in a wheelbarrow 
along a thick holly hedge planted especially by the owner. The 
house was subsequently used as a workhouse, and is now alms- 
houses, the grounds having been converted into public gardens 
by Mr Evelyn in 1886. 

It will be seen that Evelyn's politics were not of the heroic 
order. But he was honourable and consistent in his adherence 
to the monarchical principle throughout his life. With the court 
of Charles II. he could have had no sympathy, his dignified 
domestic life and his serious attention to religion standing in the 
strongest contrast with the profligacy of the royal surroundings. 
His Diary is therefore . a valuable chronicle of contemporary 
events from the standpoint of a moderate politician and a devout 
adherent of the Church of England. He had none of Pepys's 
love of gossip, and was devoid of his all-embracing curiosity, 



as of his diverting frankness of self-revelation. Both were admir- 
able civil servants, and they had a mutual admiration for each 
other's sterling qualities. Evelyn's Diary covers more than half 
a century (1640-1706) crowded with remarkable events, while 
Pepys only deals with a few years of Charles II. 's reign. 

Evelyn was a generous art patron, and Grinling Gibbons was 
introduced by him to the notice of Charles II. His domestic 
affections were. very strong. He had six sons, of whom John 
(1655-1699), the author of some translations, alone reached 
manhood. He has left a pathetic account of the extraordinary 
accomplishments of his son Richard, who died before he was six 
years old, and of a daughter Mary, who lived to be twenty, and 
probably wrote most of her father's Mundus muliebris (1690). 
Of his two other daughters, Susannah, who married William 
Draper of Addiscombe, Surrey, survived him. 

Evelyn's Diary remained in MS. until 1818. It is in a quarto 
volume containing 700 pages, covering the years between 1641 and 
1697, and is continued in a smaller book which brings the narrative 
down to within three weeks of its author's death. A selection from 
this was edited by William Bray, with the permission of the Evelyn 
family, in 1818, under the title of Memoirs illustrative of the Life and 
Writings of John Evelyn, comprising his Diary from 1641 to 1705I6, 
and a Selection of his Familiar Letters. Other editions followed, 
the most notable being those of Mr H. B. Wheatley (1879) and 
Mr Austin Dobson (3 vols., 1906). Evelyn's active mind produced 
many other works, and although these have been overshadowed by 
the famous Diary they are of considerable interest. They include: 
Of Liberty and Servitude . . . (1649), a translation from the French 
of Frangois de la Mothe le Vayer, Evelyn's own copy of which contains 
a note that he was " like to be call'd in question by the Rebells for 
this booke "; The State of France, as it stood in the IXth year of 
. . . Louis XIII. (1652) ; An Essay on the First Book of T. Lucretius 
Carus de Rerum Natura. Interpreted and made English verse by 
J. Evelyn (1656) ; The Golden Book of St John Chrysoslom, concerning 
the Education of Children. Translated out of the Greek by J. E. 
(printed 1658, dated 1659); The French Gardener: instructing how 
to cultivate all sorts of Fruit-trees . . . (1658), translated from the 
French of N. de Bonnefons; A Character of England . . . (1659), 
describing the customs of the country as they would appear to a 
foreign observer, reprinted in Somers' Tracts (ed. Scott, 1812), and 
in the Harleian Miscellany (ed. Park, 18 13); The Late News from 
Brussels unmasked . . . (1660), in answer to a libellous pamphlet 
on Charles I. by Marchmont Needham; Fumifugium, or the incon- 
venience of the Aer and Smoak of London dissipated (1661), in which 
he suggested that sweet-smelling trees should be planted in London 
to purify the air; Instructions concerning erecting of a Library . . , 
(1661), from the French of Gabriel Naude; Tyrannus or the Mode, 
in a Discourse of Sumptuary Laws' (1661) ; Sculptura: or the History 
and Art of Chalcography and Engraving in Copper . . . (1662); 
Sylva, or a Discourse of Forest Trees . . . to which is annexed 
Pomona . . .Also Kalendarium Hortense . . . (1664); A Parallel 
of the Ancient Architecture with the Modern . . . (1664), from 
the French of Roland Frcart ; The History of the three late famous 
Imposlers, viz. Padre Otlomano, Mahomed Bei, and Sabatei Sevi 
. . . (1669); Navigation and Commerce . . .in which his Majesties 
title to the Dominion of the Sea is asserted against the Novel and 
later Pretenders (1674), which is a preface to a projected history 
of the Dutch wars undertaken at the request of Charles II., but 
countermanded on the conclusion of peace; A Philosophical Dis- 
course of Earth . . . (1676), a treatise on horticulture, better known 
by its later title of Terra; The Compleal Gardener . . . (1693), from 
the French of J. de la Quintinie; Numismata . . . (1697). Some 
of these were reprinted in The Miscellaneous Writings of John Evelyn, 
edited (1825) by William Upcott. Evelyn's friendship with Mary 
Blagge, afterwards Mrs Godolphin, is recorded in the diary, when he 
says he designed " to consecrate her worthy life to posterity." This 
he effectually did in a little masterpiece of religious biography which 
remained in MS. in the possession of the Harcourt family until it 
was edited by Samuel Wilberforce, bishop of Oxford, as the Life of 
Mrs Godolphin (1847), reprinted in the " King's Classics " (1904). 
The picture of Mistress Blagge's saintly life at court is heightened 
in interest when read in connexion with the scandalous memoirs 
of the comte de Gramont, or contemporary political satires on the 
court. Numerous other papers and letters of Evelyn on scientific 
subjects and matters of public interest are preserved, a collection of 
private and official letters and papers (1642-1712) by, or addressed 
to, Sir Richard Browne and his son-in-law being in the British Museum 
(Add. MSS. 15857 and 15858). 

Next to the Diary Evelyn's most valuable work is Sylva. By the 
glass factories and iron furnaces the country was being rapidly 
depleted of wood, while no attempt was being made to replace the 
damage by planting. Evelyn put in a plea for afforestation, and 
besides producing a valuable work on arboriculture, he was able to 
assert in his preface to the king that he had really induced landowners 
to plant many millions of trees. 



EVERDINGEN— EVERETT, A. H. 



EVERDINGEN, ALLART VAN (i62i-?i67s), Dutch painter 
and engraver, the son of a government clerk at Alkmaar, was 
born, it is said, in 1621, and educated, if we believe an old tradi- 
tion, under Roeland Savery at Utrecht. He wandered in 1645 
to Haarlem, where he studied under Peter de Molyn, and finally 
settled about 1657 at Amsterdam, where he remained till his 
death. It would be difficult to find a greater contrast than that 
which is presented by the works of Savery and Everdingen. 
Savery inherited the gaudy style of the Breughels, which he 
carried into the 17th century; whilst Everdingen realized the 
large and effective system of coloured and powerfully shaded 
landscape which marks the precursors of Rembrandt. It is not 
easy on this account to believe that Savery was Everdingen's 
master, while it is quite within the range of probability that he 
acquired the elements of landscape painting from de Molyn. 
Pieter de Molyn, by birth a Londoner, lived from 1624 till 1661 
in Haarlem. He went periodically on visits to Norway, and his 
works, though scarce, exhibit a broad and sweeping mode of 
execution, differing but slightly from that transferred at the 
opening of the 17th century from Jan van Goyen to Solomon 
Ruysdael. His etchings have nearly the breadth and effect of 
those of Everdingen. It is still an open question when de Molyn 
wielded influence on his clever disciple. Alkmaar, a busy trading 
place near the Texel, had little of the picturesque for an artist 
except polders and downs or waves and sky. Accordingly we 
find Allart at first a painter of coast scenery. But on one of his 
expeditions he is said to have been cast ashore in Norway, and 
during the repairs of his ship he visited the inland valleys, and 
thus gave a new course to his art. In early pieces he cleverly 
represents the sea in motion under varied, but mostly clouded, 
aspects of sky. Their general intonation is strong and brown, 
and effects are rendered in a powerful key, but the execution is 
much more uniform than that of Jacob Ruysdael. A dark scud 
lowering on a rolling sea near the walls of Flushing characterizes 
Everdingen's " Mouth of the Schelde " in the Hermitage at St 
Petersburg. Storm is the marked feature of sea-pieces in the 
Staedel or Robartes collections ; and a strand with wreckers 
at the foot of a cliff in the Munich Pinakothek may be a reminis- 
cence of personal adventure in Norway. But the Norwegian coast 
was studied in calms as well as in gales; and a fine canvas at 
Munich shows fishermen on a still and sunny day taking herrings 
to a smoking hut at the foot of a Norwegian crag. The earliest 
of Everdingen's sea-pieces bears the date of 1640. After 164s 
we meet with nothing but representations of inland scenery, 
and particularly of Norwegian valleys, remarkable alike for 
wildness and a decisive depth of tone. The master's favourite 
theme is a fall in a glen, with mournful fringes of pines inter- 
spersed with birch, and log-huts at the base of rocks and craggy 
slopes. The water tumbles over the foreground, so as to entitle 
the painter to the name of " inventor of cascades." It gives 
Everdingen his character as a precursor of Jacob Ruysdael in a 
certain form of landscape composition; but though very skilful 
in arrangement and clever in effects, Everdingen remains much 
more simple in execution; he is mucji less subtle in feeling 
or varied in touch than his great and incomparable countryman. 
Five of Everdingen's cascades are in the museum of Copenhagen 
alone: of these, one is dated 1647, another r649. In the Hermit- 
age at St Petersburg is a fine example of 1647; another in the 
Pinakothek at Munich was finished in 1656. English public 
galleries ignore Everdingen; but one of his best-known master- 
pieces is the Norwegian glen belonging to Lord Listowel. Of 
his etchings and drawings there are much larger and more 
numerous specimens in England than elsewhere. Being a col- 
lector as well as an engraver and painter, he brought together 
a large number of works of all kinds and masters; and the 
sale of these by his heirs at Amsterdam on the nth of March 
1676 gives an approximate clue to the date of the painter's 
death. 

His two brothers, Jan and Caesar, were both painters. Caesar 
van Everdingen (1606-1679), mainly known as a portrait 
nainter, enjoyed some vogue during his life, and many of his 
pictures are to be seen in the museums and private houses of 



Holland. They show a certain cleverness, but are far from 
entitling him to rank as a master. 

EVEREST, SIR GEORGE (1790-1866), British surveyor and 
geographer, was the son of Tristram Everest of Gwerndale, 
Brecknockshire, and was born there on the 4th of July 1790. 
From school at Marlow he proceeded to the military academy 
at Woolwich, where he attracted the special notice of the mathe- 
matical master, and passed so well in his examinations that he 
was declared fit for a commission before attaining the necessary 
age. Having gone to India in 1806 as a cadet in the Bengal 
Artillery, he was selected by Sir Stamford Raffles to take part in 
the reconnaissance of Java (1814-1816); and after being em- 
ployed in various engineering works throughout India, he was 
appointed in 1818 assistant to Colonel Lambton, the founder of 
the great trigonometrical survey of that country. In 1823, on 
Colonel Lambton's death, he succeeded to the post of super- 
intendent of the survey; in 1830 he was appointed by the court 
of directors of the East India Company surveyor-general of India;, 
and from that date till his retirement from the service in 1843 
he continued to discharge the laborious duties of both offices. 
During the rest of his life he resided in England, where he became 
fellow of the Royal Society and an active member of several 
other scientific associations. In 1861 he was made a C.B. and 
received the honour of knighthood, and in 1862 he was chosen 
vice-president of the Royal Geographical Society. He died at 
Greenwich on the 1 st of December 1 866 . The geodetical labours 
of Sir George Everest rank among the finest achievements of 
their kind; and more especially his measurement of the meri- 
dional arc of India, n|° in length, is accounted as unrivalled 
in the annals of the science. In great.part the Indian survey is 
what he made it. 

His works are purely professional: — A paper in vol. i. of the 
Memoirs of the Royal Astronomical Society, pointing out a mistake 
in La Caille's measurement of an arc of the meridian which he 
had discovered during sick-leave at the Cape of Good Hope; An 
account of the measurement of the arc of the meridian between the 
parallels of 18 3' and 24° 7', being a continuation of the Grand 
Meridional Arc of India, as detailed by Lieut.-Col. Lambton in the 
volumes of the Asiatic Society of Calcutta (London, 1830); An 
account of the measurement of two sections of the Meridional Arc of 
India bounded by the parallels of 18 3' 15", 24 7' n", and 20° 30' 
48" (London, 1847). 

EVEREST, MOUNT, the highest mountain in the world. It 
is a peak of the Himalayas situated in Nepal almost precisely 
on the intersection of the meridian 87 E. long, with the parallel 
28 N. lat. Its elevation as at present determined by trigono^ 
metrical observation is 29,002 ft., but it is possible that further 
investigation into the value of refraction at such altitudes will 
result in placing the summit even higher. It has been confused 
with a peak to the west of it called Gaurisankar (by Schlagint- 
weit), which is more than 5000 ft. lower; but the observations 
of Captain Wood from peaks near Khatmandu, in Nepal, and 
those of the same officer, and of Major Ryder, from the route 
between Lhasa and the sources of the Brahmaputra in 1904, 
have definitely fixed the relative position of the two mountain 
masses, and conclusively proved that there is no higher peak 
than Everest in the Himalayan system. The peak possesses 
no distinctive native, name and has been called Everest after 
Sir George Everest (q.v.), who completed the trigonometrical 
survey of the Himalayas in 1841 and first fixed its position and 
altitude. (T. H. H.*) 

EVERETT, ALEXANDER HILL (1790-1847), American 
author and diplomatist, was born in Boston, Massachusetts, on 
the 19th of March 1790. He was the son of Rev. Oliver Everett 
( I 7S3~i8o2), a Congregational minister in Boston, and the 
brother of Edward Everett. He graduated at Harvard in 1806, 
taking the highest honours of his year, though the youngest 
member of his class. He spent one year as a teacher in Phillips 
Academy, Exeter, New Hampshire, and then began the study of 
law in the office of John Quincy Adams. In 1809 Adams was 
appointed minister to Russia, and Everett accompanied him as 
his private secretary, remaining attached to the American 
legation in Russia until 181 1 . He was secretary of the American 
legation at The Hague in 1815-1816, and chargi d'affaires there 



8 



EVERETT, G. C.— EVERETT, EDWARD 



from 1818 to 1824. From 1825 to 1829, during the presidency 
of John Quincy Adams, he was the United States minister to 
Spain. At that time Spain recognized none of the governments 
established by her revolted colonies, and Everett became the 
medium of all communications between the Spanish government 
and the several nations of Spanish origin which had been estab- 
lished, by successful revolutions, on the other side of the ocean. 
Everett was a member of the Massachusetts legislature in 1830- 
1835, was president of Jefferson College in Louisiana in 1842- 
1844, and was appointed commissioner of the United States to 
China in 1845, but did not go to that country until the follow- 
ing year, and died on the 29th of May 1847 at Canton, China. 
Everett, however, is known rather as a man of letters than as 
a diplomat. In addition to numerous articles, published chiefly 
in the North American Review, of which he was the editor from 
1829 to 1835, he wrote: Europe, or a General Survey of the 
Political Situation of the Principal Powers, with Conjectures on 
their Future Prospects (1822), which attracted considerable 
attention in Europe and was translated into German, French 
and Spanish; New Ideas on Population (1822); America, or a 
General Survey of the Political Situation of the Several Powers 
of the Western Continent, with Conjectures on their Future Pros- 
pects (1827), which was translated into several European lan- 
guages; a volume of Poems (1845); an< i Critical and Miscellane- 
ous Essays (first series, 1845; second series, 1847). 

EVERETT, CHARLES CARROLL (1829-1900), American 
divine and philosopher, was born on the 19th of June 1829, at 
Brunswick, Maine. He studied at Bowdoin College, where he 
graduated in 1850, after which he proceeded to Berlin. Subse- 
quently he took a degree in divinity at the Harvard Divinity 
School. From 1859 to 1869 he was pastor of the Independent 
Congregational (Unitarian) church at Bangor, Maine. This 
charge he resigned to take the Bussey professorship of theology 
at Harvard University, and, in 1878, became dean of the faculty 
of theology. Interested in a variety of subjects, he devoted 
himself chiefly to the philosophy of religion, and published The 
Science of Thought (Boston, 1869; revised 1891). He also wrote 
Fichte's Science of Knowledge (1884); Poetry, Comedy and Duty 
(r888); Religions before Christianity (1883); Ethics for Young 
People (1891) ; The Gospel of Paul (1892). He died at Cambridge 
on the 1 6th of October 1900. 

EVERETT, EDWARD (1794-1865), American statesman and 
'Orator, was born in Dorchester, Massachusetts, on the nth of 
April 1794. He was the son of Rev. Oliver Everett and the 
brother of Alexander Hill Everett (q.v.). His father died in 
1802, and his mother removed to Boston with her family after 
her husband's death. At seventeen Edward Everett graduated 
from Harvard College, taking first honours in his class. While 
at college he was the chief editor of The Lyceum, the earliest 
in the series of college journals published at the American 
Cambridge. His earlier predilections were for the study of law, 
but the advice of Joseph Stevens Buckminster, a distinguished 
preacher in Boston, led him to prepare for the pulpit, and as a 
preacher he at once distinguished himself. He was called to 
the ministry of the Brattle Street church (Unitarian) in Boston 
before he was twenty years old. His sermons attracted wide 
attention in that community, and he gained a considerable 
reputation as a theologian and a controversialist by his pub- 
lication in 1 8 14 of a volume entitled Defence of Christianity, 
written in answer to a work, The Grounds of Christianity Exa- 
mined (1813), by George Bethune English (1787-1828), an 
adventurer, who, born in Cambridge, Massachusetts, was in turn 
a student of law and of theology, an editor of a newspaper, and 
a soldier of fortune in Egypt. Everett's tastes, however, were 
then, as always, those of a scholar; and in 1815, after a service 
of little more than a year in the pulpit, he resigned his charge 
to accept a professorship of Greek literature in Harvard College. 

After nearly five years spent in Europe in preparation, he 
entered with enthusiasm on his duties, and, for five years more, 
gave a vigorous impulse, not only to the study of Greek, but to 
all the work of the college. In January 1820 he assumed the 
charge of the North American Review, which now became a 



quarterly; and he was indefatigable during the four years : of 
his editorship in contributing on a great variety of subjects. 
From 1825 to 1835 he was a member of the National House of 
Representatives, supporting generally the administration of 
President J. Q. Adams and opposing that of Jackson, which 
succeeded it. He bore a part in almost every important debate, 
and was a member of the committee of foreign affairs during 
the whole time of his service in Congress. Everett was a member 
of nearly all the most important select committees, such as those 
on the Indian relations of the state of Georgia, the Apportion- 
ment Bill, and the Bank of the United States, and drew the 
report either of the majority or the minority. The report on the 
congress of Panama, the leading measure of the first session of 
the Nineteenth Congress, was drawn up by Everett, although he 
was the youngest member of the committee and had just entered 
Congress. He led the unsuccessful opposition to the Indian 
policy of General Jackson (the removal of the Cherokee and other 
Indians, without their consent, from lands guaranteed to them 
by treaty). 

In 1835 he was elected governor of Massachusetts. He brought 
to the duties of the office the untiring diligence which was the 
characteristic of his public life. We can only allude to a few 
of the measures which received his efficient support, e.g. the 
establishment of the board of education (the first of such boards 
in the United States), the scientific surveys of the state (the first 
of such public surveys), the criminal law commission, and the 
preservation of a sound currency during the panic of 1837. 

Everett filled the office of governor for four years, and was then 
defeated by a single vote, out of more than one hundred thousand. 
The election is of interest historically as being the first important 
American election where the issue turned on the question of the 
prohibition of the retail sale of intoxicating liquors. In the 
following spring he made a visit with his family to Europe. In 
1 841, while residing in Florence, he was named United States 
minister to Great Britain, and arrived in London to enter upon 
the duties of his mission at the close of that year. Great ques- 
tions were at that time open between the two countries — the 
north-eastern boundary, the affair of M'Leod, the seizure of 
American vessels on the coast of Africa, in the course of a few 
months the affair of the " Creole," to which was soon added the 
Oregon question. His position was more difficult by reason of 
the frequent changes that took place in the department at home, 
which, in the course of four years, was occupied successively by 
Messrs Webster, Legare, Upshur, Calhoun and Buchanan. From 
all these gentlemen Everett received marks of approbation and 
confidence. 

By the institution of the special mission of Lord Ashburton, 
however, the direct negotiations between the two governments 
were, about the time of Everett's arrival in London, transferred 
to Washington, though much business was transacted at the 
American legation in London. 

Immediately after the accession of Polk to the presidency 
Everett was recalled. From January 1846 to 1849, as the 
successor of Josiah Quiney, he was president of Harvard College. 
On the death, in October 1852, of his friend Daniel Webster, to 
whom he had always been closely attached, and of whom he was 
always a confidential adviser, he succeeded him as secretary of 
state, which post he held for the remaining months of Fillmore's 
administration, leaving it to go into the Senate in 1853, as one 
of the representatives of Massachusetts. Under the work of 
the long session of 1853-1854 his health gave way. In May 
1854 he resigned his seat, on the orders of his physician, and 
retired to what was called private life. 

But, as it proved, the remaining ten years of his life most widely 
established his reputation and influence throughout America. 
As early as 1820 he had established a reputation as an orator, 
such as few men in later days have enjoyed. He was frequently 
invited to deliver an " oration" on some topic of historical or other 
interest. With him these " orations," instead of being the 
ephemeral entertainments of an hour, became careful studies 
of some important theme. Eager to avert, if possible, the im- 
pending conflict of arms between the North and South, Everett 



EVERETT— EVERGREEN 



prepared an " oration " on George Washington, which he de- 
livered in every part of America. In this way, too, he raised 
more than one hundred thousand dollars, for the purchase of 
the old home of Washington at Mount Vernon. Everett also 
prepared for the Encyclopaedia Britannica a biographical sketch 
of Washington, which was published separately in i860. In 
i860 Everett was the candidate of the short-lived Consti- 
tutional-Union party for the vice-presidency, on the ticket 
with John Bell (q.v.), but received only 39 electoral votes. 
During the Civil War he zealously supported the national 
government and was called upon in every quarter to speak at 
public meetings. He delivered the last of his great orations at 
Gettysburg, after the battle, on the consecration of the national 
cemetery there. On the 9 th of January 1865 he spoke at a public 
meeting in Boston to raise funds for the southern poor in 
Savannah. At that meeting he caught cold, and the immediate 
result was his death on the 15th of January 1865. 

In Everett's life and career was a combination of the results 
of diligent training, unflinching industry, delicate literary tastes 
and unequalled acquaintance with modern international politics. 
This combination made him in America an entirely exceptional 
person. He was never loved by the political managers; he was 
always enthusiastically received by assemblies of the people. 
He would have said himself that the most eager wish of his life 
had been for the higher education of his countrymen. His 
orations have been collected in four volumes (1850-1850). A 
work on international law, on which he was engaged at his death, 
was never finished. Allibone records 84 titles of his books and 
published addresses. (E. E. H.) 

EVERETT, a city of Middlesex county, Massachusetts, U.S.A., 
adjoining Chelsea and 3 m. N. of Boston, of which it is a resi- 
dential suburb. Pop. (1880) 4159; (1890) 11,068; (1900) 
24,336, of whom 6882 were foreign-born; (1910 census) 
33,484. It covers an area of about 3 sq. m. and is served by 
the Boston & Maine railway and by interurban electric lines. 
Everett has the Frederick E. Parlin memorial library (1878), the 
Shute memorial library C1898), the Whidden memorial hospital 
and Woodlawn cemetery (176 acres). The principal manufac- 
tures are coke, chemicals and boots and shoes; among others are 
iron and structural steel. According to the U.S. Census of 
Manufactures (1905), " the coke industry in Everett is unique, 
inasmuch as illuminating gas is the primary product and coke 
really a by-product, while the coal used is brought from mines 
located in Nova Scotia." The value of the city's total factory 
product increased from $4,437,180 in 1900 to $6,135,650 in 1905 
or 38-3%. Everett was first settled about 1630, remaining a 
part of Maiden (and being known as South Maiden) until 1870, 
when it was incorporated as a township. It was chartered as 
a city in 1892. 

EVERETT, a city, a sub-port of entry, and the county-seat of 
Snohomish county, Washington, U.S.A., on Puget Sound, at 
the mouth of the Snohomish river, about 35 m. N. of Seattle. 
Pop. (1900) 7838; (1910 U. S. census) 24,814. The city is 
served by the Northern Pacific and the Great Northern railways, 
being the western terminus of the latter's main transcontinental 
line, by interurban electric railway, and by several lines of 
Sound and coasting freight and passenger steamboats. Everett 
has a fine harbour with several large iron piers. Among its 
principal buildings are a Carnegie library, a Y.M.C.A. building 
and two hospitals. The buildings of the Pacific College were 
erected here by the United Norwegian Lutheran Church in 1908. 
The city is in a rich lumbering, gardening, farming, and copper-, 
gold- and silver-mining district. There is a U.S. assayer's office 
here, and there are extensive shipyards, a large paper mill, iron 
works, and, just outside the city limits, the smelters of the 
American Smelters Securities Company, in connexion with which 
is one of the two plants in the United States for saving arsenic 
from smelter fumes. Lumber interests, however, are of most 
importance, and here are some of the largest lumber plants in 
the Pacific Northwest. Red-cedar shingles are an important 
product. Everett was settled in 189 1 and was incorporated in 
1893. Its rapid growth is due to its favourable situation as a 



commercial port, its transportation facilities, and its nearness 
to extensive forests whence the material for its chief industries 
is obtained. 

EVERGLADES, an American lake, about 8000 sq. m. in area, 
in which are numerous half -submerged islands; situated in the 
southern part of Florida, U.S.A., in Lee, De Soto, Dade and 
St Lucie counties. West of it is the Big Cypress Swamp. The 
floor of the lake is a limestone basin, extending from Lake 
Okechobee in the N. to the extreme S. part of the state, and 
the lake varies in depth from 1 to 12 ft., its water being pure 
and clear. The surface is above tide level, and the lake is 
enclosed, probably on all sides, within an outcropping limestone 
rim, averaging about 10 ft. above mean low tide, and approach- 
ing much nearer to the Atlantic on the E. than to the gulf on the 
W. There are several small outlets, such as the Miami river and 
the New river on the E. and the Shark river on the S.W., but 
no streams empty into the Everglades, and the water-supply is 
furnished by springs and precipitation. There is a general south- 
easterly movement of the water. The soil of the islands is very 
fertile and is subject to frequent inundations, but gradually 
the water area is being replaced by land. The vegetation is 
luxuriant, the live oak, wild lemon, wild orange, cucumber, 
papaw, custard apple and wild rubber trees being among the 
indigenous species; there are, besides, many varieties of wild 
flowers, the orchids being especially noteworthy. The fauna 
is also varied; the otter, alligator and crocodile are found, also 
the deer and panther, and among the native birds are the ibis, 
egret, heron and limpkin. There are two seasons, wet and dry, 
but the climate is equable. 

Systematic exploration has been prevented by the dense 
growth of saw grass (Cladium effusum), a kind of sedge, with 
sharp, saw-toothed leaves, which grows everywhere on the muck- 
covered rock basin and extends several feet above the shallow 
water. The first white man to enter the region was Escalente 
de Fontenada, a Spanish captive of an Indian chief, who named 
the lake Laguno del Espiritu Santo and the islands Cayos del 
Espiritu Santo. Between 1841 and 1856 various United States 
military forces penetrated the Everglades for the purpose of 
attacking and driving out the Seminoles, who took refuge here. 
The most important explorations during the later years of the 
19th century were those of Major Archie P. Williams in 1883, 
James E. Ingraham in 1892 and Hugh L. Willoughby in 1897. 
The Seminole Indians were in 1909 practically the only inhabi- 
tants. In 1850 under the " Arkansas Bill," or Swamp and Over- 
flow Act, practically all of the Everglades, which the state had 
been urging the federal government to drain and reclaim, were 
turned over to the state for that purpose, with the provision 
that all proceeds from such lands be applied to their reclamation. 
A board of trustees for the Internal Improvement Fund, created 
in 1855 and having as members ex officio the governor,, comp- 
troller, treasurer, attorney-general and commissioner-general, 
sold and allowed to railway companies much of the grant. 
Between 1881 and 1896 a private company owning 4,000,000 
acres of the Everglades attempted to dig a canal from Lake 
Okechobee through Lake Hicpochee and along the Caloosa- 
hatchee river to the Gulf of Mexico; the canal was closed in 
1902 by overflows. Six canals were begun under state control 
in 1905 from the lake to the Atlantic, the northernmost at 
Jensen, the southernmost at Ft. Lauderdale; the total cost, 
estimated at $1,035,000 for the reclamation of 12,500 sq. m., 
is raised by a drainage tax (not to exceed 10 cents per acre) 
levied by the trustees of the Internal Improvement Fund and 
Board of Drainage commissioners. The small area reclaimed 
prior to that year (1905) was found very fertile and particularly 
adapted to raising sugar-cane, oranges and garden truck. 

See Hugh L. Willoughby's Across the Everglades (Philadelphia, 
1898), and especially an article " The Everglades of Florida ' by 
Edwin A. Dix and John M. MacGonigle, in the Century Magazine 
for February 1905. 

EVERGREEN, a general term applied to plants which are 
always in leaf, as contrasted with deciduous trees which 
are bare for some part pf the year (see Horticulture). In 



IO 



EVERLASTING— EVESHAM 



temt#rate or colder zones where a season favourable to vegeta- 
tion is succeeded by an unfavourable or winter season, leaves of 
evergreens must be protected from the frost and cold drying 
winds, and are therefore tougher or more leathery in texture 
than those of deciduous trees, and frequently, as in pines, firs 
and other conifers, are needle-like, thus exposing a much smaller 
surface to the drying action of cold winds. The number of 
seasons for which the leaves last varies in different plants; every 
season some of the older leaves fall, while new ones are regularly 
produced. The common English bramble is practically ever- 
green, the leaves lasting through winter and until the new leaves 
are developed next spring. In privet also the leaves fall after the 
production of new ones in the next year. In other cases the 
leaves last several years, as in conifers, and may sometimes 
be found on eleven-year-old shoots. 

EVERLASTING, or Immortelle, a plant belonging to the 
division Tubtdiflorae of the natural order Compositae, known 
botanically as Helichrysum orientale. It is a native of North 
Africa, Crete, and the parts of Asia bordering on the Mediter- 
ranean; and it is cultivated in many parts of Europe. It first 
became known in Europe about the year 1629, and has been culti- 
vated since 1815. In common with several other plants of the 
same group, known as " everlastings," the immortelle plant 
possesses a large involucre of dry scale-like or scarious bracts, 
which preserve their appearance when dried, provided the plant 
be gathered in proper condition. The chief supplies of Helichry- 
sum orientale come from lower Provence, where it is cultivated 
in large quantities on the ground sloping to the Mediterranean, 
in positions well exposed to the sun, and usually in plots sur- 
rounded by dry stone walls. The finest flowers are grown on the 
slopes of Bandols and Ciotat, where the plant begins to flower in 
June. It requires a light sandy or stony soil, and is very readily 
injured by rain or heavy dews. It can be propagated in quantity 
by means of offsets from the older stems. The flowering stems 
are gathered in June, when the bracts are fully developed, all the 
fully-expanded and immature flowers being pulled off and re- 
jected. A well-managed plantation is productive for eight or 
ten years. The plant is tufted in its growth, each plant produc- 
ing 60 or 70 stems, while each stem produces an average of 20 
flowers. About 400 such stems weigh a kilogramme. A hectare 
of ground will produce 40,000 plants, bearing from 2,400,000 to 
2,800,000 stems, and weighing from sJ to 65 tons, or from 2 to 
3 tons per acre. The colour of the bracts is a deep yellow. 
The natural flowers are commonly used for garlands for the dead, 
or plants dyed black are mixed with the yellow ones. The plant 
is also dyed green or orange-red, and thus employed for bouquets 
or other ornamental purposes. 

Other species of Helichrysum and species of allied genera with 
scarious heads of flowers are also known as " everlastings." One 
of the best known is the Australian species H. bracteatum, with 
several varieties, including double forms, of different colours; 
H. vestitum (Cape of Good Hope) has white satiny heads. Others 
are species of Helipterum (West Australia and South Africa), 
Ammobium and Waitzia (Australia) and Xeranthemum (south 
Europe). Several members of the natural order Amarantaceae 
have also " everlasting " flowers; such are Gomphrena globosa, 
with rounded or oval heads of white, orange, rose or violet, 
scarious bracts, and Celosia pyramidalis, with its elegant, loose, 
pyramidal inflorescences. Frequently these everlastings are 
mixed with bleached grasses, as Lagurus ovatus, Briza maxima, 
Bromus brizaeformis, or with the leaves of the Cape silver tree 
(Leucadendron argenteum), to form bouquets or ornamental 
groups. 

EVERSLEY, CHARLES SHAW LEFEVRE, Viscount (1794- 
speaker of the British House of Commons, eldest son of 



Mr Charles Shaw (who assumed his wife's name of Lefevre in 
addition to his own on his marriage) , was born in London on the 
22nd of February 1794, and educated at Winchester and at 
Trinity College, Cambridge. He was called to the bar in 1819, 
and though a diligent student was also a keen sportsman. 
Marrying a daughter of Mr Samuel Whitbread, whose wife was 
the sister of Earl Grey, afterwards premier, he thus became 



connected with two influential political families, and in 183Q he 
entered the House of Commons as member for Downton, in the 
Liberal interest. In 1831 he was returned, after a severe contest, 
as one of the county members for Hampshire, in which he resided ; 
and after the passing of the Reform Act of 1832 he was elected 
for the Northern Division of the county. For some years Mr 
Shaw Lefevre was chairman of a committee on petitions for 
private bills. In 1835 he was chairman of a committee on 
agricultural distress, but as his report was not accepted by the 
House, he published it as a pamphlet addressed to his con- 
stituents. He acquired a high reputation in the House of 
Commons for his judicial fairness, combined with singular tact 
and courtesy, and when Mr James Abercromby retired in 1839, 
he was nominated as the Liberal candidate for the chair. The 
Conseryatives put forward Henry Goulburn, but Mr Shaw 
Lefevre was elected by 317 votes to 299. The period was one of 
fierce party conflict, and the debates were frequently very 
acrimonious; but the dignity, temper and firmness of the new 
speaker were never at fault. In 1857 he had served longer than 
any of his predecessors, except the celebrated Arthur Onslow 
(1691-1768), who was speaker for more than 33 years in five 
successive parliaments. Retiring on a pension, he was raised 
to the peerage as Viscount Eversley of Heckfield, in the county 
of Southampton. His appearances in the House of Lords were 
very infrequent, but in his own county he was active in the 
public service. From 1859 he was an ecclesiastical commissioner, 
and he was also appointed a trustee of the British Museum. 
He died on the 28th of December 1888, the viscountcy becoming 
extinct. 

His younger brother, Sir John George Shaw Lefevre (1797- 
1879), who was senior wrangler at Cambridge in 1818, had a long 
and distinguished career as a public official. He was under- 
secretary for the colonies, and had much to do with the intrO' 
duction of the new poor law in 1834, and with the foundation 
of the colony of South Australia; then having served on several 
important commissions he was made clerk of the parliaments in 
1855, and in the same year became one of the first civil service 
commissioners. He helped to found the university of London, 
of which he was vice-chancellor for twenty years, and also the 
Athenaeum Club. He died on the 20th of August 1879. 

The latter's son, George John Shaw Lefevre (b. 1832), 
was created Baron Eversley in 1906, in recognition of long and 
prominent services to the Liberal party. He had filled the 
following offices: — civil lord of the admiralty, 1856; secretary 
to the board of trade, 1860-1871; under-secretary, home 
office, 1871; secretary to the admiralty, 1871-1874; first 
commissioner of works, 1881-1883; postmaster-general, 1883- 
1884; first commissioner of works, 1892-1893; president of 
local government board, 1 894-1 895; chairman of royal com- 
mission on agriculture, 1893-1896. 

EVESHAM, a market-town and municipal borough in the 
Evesham parliamentary division of Worcestershire, England, 
107 m. W.N.W. of London by the Great Western railway, and 
15 m. S.E. by E. of Worcester, with a station on the Redditch- 
Ashchurch branch of the Midland railway. Pop. (1901) 7101. 
It lies on the right (north) bank of the Avon, in the rich and 
beautiful Vale of Evesham. The district is devoted to market- 
gardening and orchards, and the trade of the town is mainly 
agricultural. Evesham is a place of considerable antiquity, a 
Benedictine house having been founded here by St Egwin in 
the 8th century. It became a wealthy abbey, but was almost 
wholly destroyed at the Dissolution. The churchyard, however, 
is entered by a Norman gateway, and there survives also a 
magnificent isolated bell-tower dating from 1533, of the best 
ornate Perpendicular workmanship. The abbey walls surround 
the churchyard, but almost the only other remnant is a single 
Decorated arch. Close to the bell-tower, however, are the two 
parish churches of St Lawrence and of All Saints, the former 
of the 1 6th century, the latter containing Early English work, 
and the ornate chapel of Abbot Lichfield, who erected the bell- 
tower. Other buildings include an Elizabethan town hall, the 
grammar school, founded by Abbot Lichfield, and the picturesque 



EVIDENCE 



il 



almonry. The borough includes the parish of Bengeworth 
St Peter, on the left bank of the river. Evesham is governed 
by a mayor, 4 aldermen and 12 councillors. Area, 2265 acres. 

Evesham (Homme, Ethomme) grew up around the Benedictine 
abbey, and had evidently become of some importance as a trad- 
ing centre in 1055, when Edward the Confessor gave it a market 
and the privileges of a commercial town. It is uncertain when 
the town first became a borough, but the Domesday statement 
that the men paid 20s. may indicate the existence of a more or 
less organized body of tradesmen. Before 1482 the burgesses 
were holding the town at a fee farm rent of twenty marks, but 
the abbot still had practical control of the town, and his steward 
presided over the court at which the bailiffs were chosen. After 
the Dissolution the manor with the markets and fairs and other 
privileges was granted to Sir Philip Hoby, who increased his 
power over the town by persuading the burgesses to agree that, 
after they had nominated six candidates for the office of bailiff, 
the steward of the court instructed by him should indicate the 
two to be chosen. This privilege was contested by Queen 
Elizabeth, but when the case was taken before the court of the 
exchequer it was decided in favour of Sir Philip's heir, Sir 
Edward Hoby. In 1604 James I. granted the burgesses then- 
first charter, but in the following year, by a second charter, he 
incorporated Evesham with the village of Bengeworth, and 
granted that the borough should be governed by a mayor and 
seven aldermen, to whom he gave the power of holding markets 
and fairs and several other privileges which had formerly belonged 
to the lord of the manor. Evesham received two later charters, 
but in 1688 that of 1605 was restored and still remains the govern- 
ing charter of the borough. Evesham returned two members 
to parliament in 1295 and again in 1337, after which date the 
privilege lapsed until 1604. Its two members were reduced to one 
by the act of 1867, and the borough was disfranchised in 1885. 

Evesham gave its name to the famous battle, fought on the 
4th of August 1265, between the forces of Simon de Montfort, 
earl of Leicester, and the royalist army under Prince Edward. 
After a masterly campaign, in which the prince had succeeded 
in defeating Leicester in the valleys of the Severn and Usk, and 
had destroyed the forces of the younger Montfort at Kenilworth 
before he could effect a junction with the main body, the royalist 
forces approached Evesham in the morning of the 4th of August 
in time to intercept Leicester's march towards Kenilworth. 
Caught in the bend of the river Avon by the converging columns, 
and surrounded on all sides, the old earl attempted to cut his 
way out of the town to the northward. At first the fury of his 
assault forced back the superior numbers of the prince; but 
Simon's Welsh levies melted away and his enemies closed the 
last avenue of escape. The final struggle took place on Green 
Hill, a little to the north-west of the town, where the devoted 
friends of de Montfort formed a ring round their leader, and died 
with him. The spot is marked with an obelisk. 

EVIDENCE (Lat. evidentia, evideri, to appear clearly), a term 
which may be defined briefly as denoting the facts presented to 
the mind of a person for the purpose of enabling him to decide 
a disputed question. Evidence in the widest sense includes all 
such facts, and reference may be made to the article Logic for 
the science or art of dealing with the proper way of drawing 
correct conclusions and the nature of proof. In a narrower 
sense, however, evidence includes in English law only such facts 
as are allowed to be so presented in the course of judicial pro- 
ceedings. Thus. we say that a fact is not evidence, meaning 
thereby that it is not admissible as evidence in accordance with 
the rules of English law. The law of legal evidence is part of the 
law of procedure. It determines the kinds of evidence which 
may be produced in judicial proceedings, and regulates the mode 
in which, and the conditions under which, evidence may be 
produced and tested. 

The English law of evidence is of comparatively modern growth. 

It enshrines certain maxims, some derived from Roman law, 

History some invented by Coke, who, as J. B. Thayer says, 

" spawned Latin maxims freely." But for the most 

part it was built up by English judges in the course of the 



1 8th century, and consists of this judge-made law, as modified 
by statutory enactments of the 19th century. Early Teutonic 
procedure knew nothing of evidence in the modern sense, just 
as it knew nothing of trials in the modern sense. What it knew 
was " proofs." There were two modes of proof, ordeals and 
oaths. Both were appeals to the supernatural. The judicial 
combat was a bilateral ordeal. Proof followed, instead of pre- 
ceding, judgment. A judgment of the court, called by German 
writers the Beweisurteil, and by M. M. Bigelow the " medial 
judgment," awarded that one of the two litigants must prove 
his case, by his body in battle, or by a one-sided ordeal, or by 
an oath with oath-helpers, or by the oaths of witnesses. The 
court had no desire to hear or weigh conflicting testimony. To 
do so would have been to exercise critical faculties, which the 
court did not possess, and the exercise of which would have been 
foreign to the whole spirit of the age. The litigant upon whom 
the burden of furnishing proof was imposed had a certain task 
to perform. If he performed it, he won; if he failed, he lost. 
The number of oath-helpers varied in different cases, and was 
determined by the law or by the court. They were probably, 
at the outset, kinsmen, who would have had to take up the 
blood-feud. At a later stage they became witnesses to character. 
In the cases, comparatively rare, where the oaths of witnesses 
were admitted as proof, their oaths differed materially from the 
sworn testimony of modern courts. As a rule no one could 
testify to a fact unless, when the fact happened, he was solemnly 
" taken to witness." Then, when the witness was adduced, he 
came merely to swear to a set formula. He did not make a 
promissory oath to answer questions truly. He merely made an 
assertory oath in a prescribed form. 

In the course of the 12th and 13th centuries the old formal 
accusatory procedure began to break down, and to be super- 
seded by another form of procedure known as inquisitio, inquest, 
or enquite. Its decay was hastened by the decree of the fourth 
Lateran Council in 12 15, which forbade ecclesiastics to take part 
in ordeals. The Norman administrative system introduced into 
England by the Conquest was familiar with a method of ascer- 
taining and determining facts by means of a verdict, return or 
finding made on oath by a body of men drawn from the locality. 
The system may be traced to Carolingian, and even earlier, 
sources. Henry II. , by instituting the grand assize and the 
four petty assizes, placed at the disposal of litigants in certain 
actions the opportunity of giving proof by the verdict of a sworn 
inquest of neighbours, proof " by the country." The system was 
gradually extended to other cases, criminal as well as civil. The 
verdict given was that of persons having a general, but not neces- 
sarily a particular, acquaintance with the persons, places and 
facts to which the inquiry related. It was, in fact, a finding by 
local popular opinion. Had the finding of such an inquest been 
treated as final and conclusive in criminal cases, English 
criminal procedure might, like the continental inquisition, the 
French enquite, have taken the path which, in the forcible lan- 
guage of Fortescue (De laudibus, &c.) " leads to hell " (semita 
ipsa est ad gehennam) . Fortunately English criminal procedure 
took a different course. The spirit of the old accusatory pro- 
cedure was applied to the new procedure by inquest. In serious 
cases the words of the jurors, the accusing jurors, were treated 
not as testimony, but as accusation, the new indictment was 
treated as corresponding to the old appeal, and the preliminary 
finding by the accusing jury had to be supplemented by the 
verdict of another jury. In course of time the second jury were 
required to base their findings not on their own knowledge, but 
on evidence submitted to them. Thus the modern system of 
inquiry by grand jury and trial by petty jury was gradually 
developed. 

A few words may here be said about the parallel development 
of criminal procedure on the continent of Europe. The tendency 
in the 12th and 13th centuries to abolish the old formal methods 
of procedure, and to give the new procedure the name of inquisi- 
tion or inquest, was not peculiar to England. Elsewhere the 
old procedure was breaking down at the same time, and for 
similar reasons. It was the great pope Innocent III., the pope 



12 



EVIDENCE 



of the fourth Lateran Council, who introduced the new in- 
quisitorial procedure into the canon law. The procedure 
was applied to cases of heresy, and, as so applied, especially by 
the Dominicans, speedily assumed the features which made it 
infamous. " Every safeguard of innocence was abolished or 
disregarded; torture was freely used. Everything seems to have 
been done to secure a conviction." Yet, in spite of its monstrous 
defects, the inquisitorial procedure of the ecclesiastical courts, 
secret in its methods, unfair to the accused, having torture as 
an integral element, gradually forced its way into the temporal 
courts, and may almost be said to have been adopted by the 
common law of western Europe. In connexion with this in- 
quisitorial procedure continental jurists elaborated a theory of 
evidence, or judicial proofs, which formed the subject of an 
extensive literature. Under the rules thus evolved full proof 
(plena probatio) was essential for conviction, in the absence of 
confession, and the standard of full proof was fixed so high that 
it was in most cases unattainable. It therefore became material 
to obtain confession by some means or other. The most effective 
means was torture, and thus torture became an essential feature 
in criminal procedure. The rules of evidence attempted to 
graduate the weight to be attached to different kinds of testi- 
mony and almost to estimate that weight in numerical terms. 
" Le parlement de Toulouse," said Voltaire, " a un usage tres 
singulier dans les preuves par temoins. On admet ailleurs des 
demi-preuves, . . . mais a. Toulouse on admet des quarts et des 
huitiemes de preuves." Modern continental procedure, as em- 
bodied in the most recent codes, has removed the worst features 
of inquisitorial procedure, and has shaken itself free from the 
trammels imposed by the old theory and technical rules of proof. 
But in this, as in other branches of law, France seems to have 
paid the penalty for having been first in the field with codification 
by lagging behind in material reforms. The French Code of 
Criminal Procedure was largely based on Colbert's Ordonnance of 
1670, and though embodying some reforms, and since amended 
on certain points, still retains some of the features of the un- 
iformed procedure which was condemned in the 18th century by 
Voltaire and the philosophes. Military procedure is in the rear 
of civil procedure, and the trial of Captain Dreyfus at Rennes in 
1899 presented some interesting archaisms. Amdng these were 
the weight attached to the rank and position of witnesses as 
compared with the intrinsic character of their evidence, and the 
extraordinary importance attributed to confession even when 
made under suspicious circumstances and supported by flimsy 
evidence. 

The history of criminal procedure in England has been traced 
by Sir James Stephen. The modern rules and practice as to 
evidence and witnesses in the common law courts, both in civil 
and in criminal cases, appear to have taken shape in the course 
of the 1 8th century. The first systematic treatise on the 
English law of evidence appears to have been written by Chief 
Baron Gilbert, who died in 1726, but whose Law of Evidence 
was not published until 1761. In writing it he is said to have 
been much influenced by Locke. 1 It is highly praised by Black- 
stone as " a work which it is impossible to abstract or abridge 
without losing some beauty and destroying the charm of the 
whole"; but Bentham, who rarely agrees with Blackstone, 
speaks of it as running throughout " in the same strain of 
anility, garrulity, narrow-mindedness, absurdity, perpetual mis- 
representation and indefatigable self-contradiction." In any 
case it remained the standard authority on the law of evidence 
throughout the remainder of the 18th century. Bentham wrote 
his Rationale of Judicial Evidence, specially applied to English 
Practice, at various times between the years 1802 and 1812. 

1 Reference may be made to a well-known passage in the Essay 
concerning Human Understanding (Book iv. ch. xv.) : " The grounds 
of probability are — First, the conformity of anything with our own 
knowledge, observation and experience. Second, the testimony of 
others touching their observation and experience. In the testimony 
of others is to be considered (1) the number, (2) the integrity, 
(3) the skill of the witnesses. (4) The design of the author, where 
it is a testimony out of a book cited. (5) The consistency of the 
parts and circumstances of the relation. (6) Contrary testimonies." 



By this time he had lost the nervous and simple styie of his 
youth, and required an editor to make him readable. His 
great interpreter, Dumont, condensed his views on evidence 
into the Traits des preuves judiciaires, which was published in 
1823. The manuscript of the Rationale was edited for English 
reading, and to a great extent rewritten, by J. S. Mill, and 
was published in five volumes in 1827. The book had a great 
effect both in England and on the continent. The English 
version, though crabbed and artificial in style, and unmeasured 
in its invective, is a storehouse of comments and criticisms on the 
principles of evidence and the practice of the courts, which are 
always shrewd and often profound. Bentham examined the 
practice of the courts by the light of practical utility. Starting 
from the principle that the object of judicial evidence is the 
discovery of truth, he condemned the rules which excluded some 
of the best sources of evidence. The most characteristic feature 
of the common-law rules of evidence was, as Bentham pointed 
out, and, indeed, still is, their exclusionary character. They 
excluded and prohibited the use of certain kinds of evidence 
which would be used in ordinary inquiries. In particular, they 
disqualified certain classes of witnesses on the ground of interest 
in the subject-matter of the inquiry, instead of treating the 
interest of the witness as a matter affecting his credibility. It 
was against this confusion between competency and credibility 
that Bentham directed his principal attack. He also attacked 
the system of paper evidence, evidence by means of affidavits 
instead of by oral testimony in court, which prevailed in the 
court of chancery, and in ecclesiastical courts. Subsequent 
legislation has endorsed his criticisms. The Judicature Acts 
have reduced the use of affidavits in chancery proceedings within 
reasonable limits. A series of acts of parliament have removed, 
step by step, almost all the disqualifications which formerly 
made certain witnesses incompetent to testify. 

Before Bentham's work appeared, an act of 1814 had removed 
the incompetency of ratepayers as witnesses in certain cases 
relating to parishes. The Civil Procedure Act 1833 enacted 
that a witness should not be objected to as incompetent, solely 
on the ground that the verdict or judgment would be admissible 
in evidence for or against him. An act of 1840 removed some 
doubts as to the competency of ratepayers to give evidence 
in matters relating to their parish. The Evidence Act 1843- 
enacted broadly, that witnesses should not be excluded from 
giving evidence by reason of incapacity from crime or interest. 
The Evidence Act 1851 made parties to legal proceedings ad- 
missible witnesses subject to a proviso that " nothing herein 
contained shall render any person who in any criminal proceed- 
ing is charged with the commission of any indictable offence, or 
any offence punishable on summary conviction, competent or 
compellable to give evidence for or against himself or herself, or 
shall render any person compellable to answer any question 
tending to criminate himself or herself, or shall in any criminal 
proceeding render any husband competent or compellable to give 
evidence for or against his wife, or any wife competent or com- 
pellable to give evidence for or against her husband." The 
Evidence (Scotland) Act 1853 made a similar provision for Scot- 
land. The Evidence Amendment Act 1853 made the husbands 
and wives of parties admissible witnesses, except that husbands 
and wives could not give evidence for or against each other in 
criminal proceedings or in proceedings for adultery, and could 
not be compelled to disclose communications made to each other 
during marriage. Under the Matrimonial Causes Act 1857 the 
petitioner can be examined and cross-examined on oath at the 
hearing, but is not bound to answer any question tending to 
show that he or she has been guilty of adultery. Under the 
Matrimonial Causes Act 1859, on a wife's petition for dissolution 
of marriage on the ground of adultery coupled with cruelty or 
desertion, husband and wife are competent and compellable to 
give evidence as to the cruelty or desertion. The Crown Suits 
&c. Act 1865 declared that revenue proceedings were not to 
be treated as criminal proceedings for the purposes of the acts 
of 1851 and 1853. The Evidence Further Amendment Act 1869 
declared that parties to actions for breach of promise of marriage 



EVIDENCE 



13 



were competent to give evidence in the action, subject to a 
proviso that the plaintiff should not recover unless his or her 
testimony was corroborated by some other material evidence. 
It also made the parties to proceedings instituted in consequence 
of adultery, and their husbands and wives, competent to give 
evidence, but a witness in any such proceeding, whether a party 
or not, is not to be liable to be asked or bound to answer any 
question tending to show that he or she has been guilty of 
adultery, unless the witness has already given evidence in the 
same proceeding in disproof of the alleged adultery. There are 
similar provisions applying to Scotland in the Conjugal Rights 
(Scotland) Amendment Act 1861, and the Evidence Further 
Amendment (Scotland) Act 1874. The Evidence Act 1877 
enacts that " on the trial of any indictment or other proceeding 
for the non-repair of any public highway or bridge, or for a 
nuisance to any public highway, river, or bridge, and of any 
other indictment or proceeding instituted for the purpose of 
trying or enforcing a civil right only, every defendant to such 
indictment or proceeding, and the wife or husband of any such 
defendant shall be admissible witnesses and compellable to give 
evidence." From 1872 onwards numerous enactments were 
passed making persons charged with particular offences, and 
their husbands and wives, competent witnesses. The language 
and effect of these enactments were not always the same, but 
the insertion of some provision to this effect in an act creating 
a new offence, especially if it was punishable by summary 
proceedings, gradually became almost a common form in legis- 
lation. In the year 1874 a bill to generalize these particular 
provisions, and to make the evidence of persons charged with 
criminal offences admissible in all cases was introduced by Mr 
Gladstone's government, and was passed by the standing com- 
mittee of the House of Commons. During the next fourteen 
years bills for the same purpose were repeatedly introduced, 
either by the government of the day, or by Lord Bramwell as 
an independent member of the House of Lords. Finally the 
Criminal Evidence Act 1898, introduced by Lord Halsbury, has 
enacted in general terms that " every person charged with an 
offence, and the wife or husband, as the case may be, of the 
person so charged, shall be a competent witness for the defence 
at every stage of the proceedings, whether the person so charged 
is charged solely or jointly with any other person." But this 
general enactment is qualified by some special restrictions, the 
nature of which will be noticed below. The act applies to 
Scotland but not to Ireland. It was not to apply to proceedings 
in courts-martial unless so applied by general orders or rules 
made under statutory authority. The provisions of the act have 
been applied by rules to military courts-martial, but have not 
yet been applied to naval courts-martial. The removal of dis- 
qualifications for want of religious belief is referred to below 
under the head of " Witnesses." 

The act of 1898 finishes for the present the history of English 
legislation on evidence. For a view of the legal literature on the 
, . . subject it is necessary to take a step backwards. Early 
Literature. ; n t | ie jg t fj cen tury Chief Baron Gilbert was superseded 
as an authority on the English law of evidence by the books of 
Phillips (18 14) and Starkie (1824), who were followed by Roscoe 
(Nisi Prius, 1827; Criminal Cases, 1835), Greenleaf (American, 
1842), Taylor (based on Greenleaf, 1848), and Best (1849). In 
1876 Sir James Fitzjames Stephen brought out his Digest of the 
Law of Evidence, based upon the Indian Evidence Act 1872, which 
he had prepared and passed as law member of the council of the 
governor-general of India. This Digest obtained a rapid and 
well-deserved success, and has materially influenced the form of 
subsequent writings on the English law of evidence. It sifted 
out what Stephen conceiyed to be the main rules of evidence 
from the mass of extraneous matter in which they had been em- 
bedded. Roscoe's Digests told the lawyer what things must be 
proved in order to sustain particular actions or criminal charges, 
and related as much to pleadings and to substantive law as to 
evidence proper. Taylor's two large volumes were a vast storehouse 
of useful information, but his book was one to consult, not to master. 
Stephen eliminated much of this ex) raneous matter, and summed up 
his rules in a series of succinct propositions, supplemented by apt 
illustrations, and couched in such a form that they could be easily 
read and remembered. Hence the English Digest, like the Indian 
Act, has been of much educational value. Its most original feature, 
but unfortunately also its weakest point, is its theory of relevancy. 



Pondering the multitude of " exclusionary " rules which had been 
laid down by the English courts, Stephen thought that he had 
discovered the general principle on which those rules reposed, and 
could devise a formula by which the principle could be expressed. 
" My study of the subject," he says, " both practically and in books 
has convinced me that the doctrine that all facts in issue and relevant 
to the issue, and no others, may be proved, is the unexpressed 
principle which forms the centre of and gives unity to all the express 
negative rules which form the great mass of the law. ' ' The result was 
the chapter on the relevancy of facts in the Indian Evidence Act, 
and the definition of relevancy in s. 7 of that act. This definition 
was based on the view that a distinction could be drawn between 
things which were and things which were not causally connected 
with each other, and that relevancy depended on causal connexion. 
Subsequent criticism convinced Stephen that his definition was in 
some respects too narrow and in others too wide, and eventually 
he adopted a definition out of which all reference to causality was 
dropped. But even in their amended form the provisions about 
relevancy are open to serious criticism. The doctrine of relevancy, 
i.e. of the probative effect of facts, is a branch of logic, not of law, 
and is out of place both in an enactment of the legislature and in a 
compendium of legal rules. The necessity under which Stephen 
found himself of extending the range of relevant facts by making it 
include facts "deemed to be relevant," and then narrowing it by 
enabling the judge to exclude evidence of facts'which are relevant, 
illustrates the difference between the rules of logic and the rules of 
law. Relevancy is one thing; admissibility is another; and the 
confusion between them, which is much older than Stephen, is to 
be regretted. Rightly or wrongly English judges have, on practical 
grounds, declared inadmissible evidence of facts, which are relevant 
in the ordinary sense of the term, and which are so treated in non- 
judicial inquiries. Under these circumstances the attempt so to 
define relevancy as to make it conterminous with admissibility is 
misleading, and most readers of Stephen's Act and Digest would 
find them more intelligible and more useful if " admissible " were 
substituted for " relevant " throughout. Indeed it is hardly too 
much to say that Stephen's doctrine of relevancy is theoretically 
unsound and practically useless. The other parts of the work contain 
terse and vigorous statements of the law, but a Procrustean attempt 
to make legal rules square with a preconceived theory has often 
made the language and arrangement artificial, and the work, in 
spite of its compression, still contains rules which, under a more 
scientific treatment, would find their appropriate place in other 
branches of the law. These defects are characteristic of a strong 
and able man, who saw clearly, and expressed forcibly what he did 
see, but was apt to ignore or to deny the existence of what he did 
not see, whose mind was vigorous rather than subtle or accurate, 
and who, in spite of his learning, was somewhat deficient in the 
historical sense. But notwithstanding these defects, the con- 
spicuous ability of the author, his learning, and his practical 
experience, especially in criminal cases, attach greater weight to 
Fitzjames Stephen's statements than to those of any other English 
writer on the law of evidence. 

The object of every trial is, or may be, to determine two 
classes of questions or issues, which are usually distinguished 
as questions of law, and questions of fact, although „ . 

the distinction between them is not so clear as might 
appear on a superficial view. In a trial by jury these two classes 
of questions are answered by different persons. The judge lays 
down the law. The jury, under the guidance of the judge, find 
the facts. It was with reference to trial by jury that the English 
rules of evidence were originally framed; it is by the peculiarities 
of this form of trial that many of them are to be explained; it 
is to this form of trial alone that some of the most important of 
them are exclusively applicable. The negative, exclusive, or 
exclusionary rules which form the characteristic features of the 
English law of evidence, are the rules in accordance with which 
the judge guides the jury. There is no difference of principle 
between the method of inquiry in judicial and in non-judicial 
proceedings. In either case a person who wishes to find out 
whether a particular event did or did not happen, tries, in the 
first place, to obtain information from persons who were present 
and saw what happened (direct evidence), and, failing this, to 
obtain information from persons who can tell him about facts 
from which he can draw an inference as to whether the event 
did or did not happen (indirect evidence). But in judicial 
inquiries the information given must be given on oath, and be 
liable to be tested by cross-examination. And there are rules 
of law which exclude from the consideration of the jury certain 
classes of facts which, in an ordinary inquiry, would, or might, 
be taken into consideration. Facts so excluded are said to be 
" not admissible as evidence," or " not evidence," according 



14 



EVIDENCE 



as the word is used in the wider or in the narrower sense. And 
the easiest way of determining whether a fact is or is not evidence 
in the narrower sense, is first to consider whether it has any 
bearing on the question to be tried, and, if it has, to consider 
whether it falls within any one or more of the rules of exclusion 
laid down by English law. These rules of exclusion are peculiar 
to English law and to systems derived from English law. They 
have been much criticized, and some of them have been repealed 
or materially modified by legislation. Most of them may be 
traced to directions given by a judge in the course of trying a 
particular case, given with special reference to the circumstances 
of that case, but expressed in general language, and, partly 
through the influence of text-writers, eventually hardened into 
general rules. In some cases their origin is only intelligible by 
reference to obsolete forms of pleading or practice. But in most 
cases they were originally rules of convenience laid down by the 
judge for the assistance of the jury. The judge is a man of trained 
experience, who has to arrive at a conclusion with the help of 
twelve untrained men, and who is naturally anxious to keep them 
straight, and give them every assistance in his power. The 
ixclusion of certain forms of evidence assists the jury by con- 
centrating their attention on the questions immediately before 
them, and by preventing them from being distracted or be- 
wildered by facts which either have no bearing on the question 
before them, or have so remote a bearing on those questions as 
to be practically useless as guides to the truth. It also prevents a 
jury from being misled by statements the effect of which, through 
the prejudice they excite, is out of all proportion to their true 
weight. In this respect the rules of exclusion may be compared 
to blinkers, which keep a horse's eyes on the road before him. 
In criminal cases the rules of exclusion secure fair play to the 
accused, because he comes to the trial prepared to meet a specific 
charge, and ought not to be suddenly confronted by statements 
which he had no reason to expect would be made against him. 
They protect absent persons against statements affecting their 
character. And lastly they prevent the infinite waste of time 
which would ensue in the discussion of a question of fact if an 
inquiry were allowed to branch out into all the subjects with 
which that fact is more or less connected. The purely practical 
grounds on which the rules are based, according to the view of 
a great judge, may be illustrated by some remarks of Mr Justice 
Willes (1814-1872). In discussing the question whether evi- 
dence of the plaintiff's conduct on other occasions ought to be 
admitted, he said: — 

" It is not easy in all cases to draw the line and to define with 
accuracy where probability ceases and speculation begins; but 
we are bound to lay down the rule to the best of our ability. No 
doubt the rule as to confining the evidence to that which is relevant 
and pertinent to the issue is one of great importance, not only as 
regards the particular case, but also with reference to saving the 
time of the court, and preventing the minds of the jury from being 
drawn away from the real point they have to decide. . . . Now it 
appears to me that the evidence proposed to be given in this case, 
if admitted, would not have shown that it was more probable that 
the contract was subject to the condition insisted upon by the 
defendant. The question may be put thus, Does the fact of a person 
having once or many times in his life done a particular act in a 
particular way make it more probable that he has done the same 
thing in the same way upon another and different occasion? To 
admit such speculative evidence would, I think, be fraught with 
great danger. ... If such evidence were held admissible it would 
be difficult to say that the defendant might not in any case, where 
the question was whether or not there had been a sale of goods on 
credit, call witnesses to prove that the plaintiff had dealt with other 
persons upon a certain credit ; or, in an action for an assault, that 
the plaintiff might not give evidence of former assaults'committed 
by the defendant upon other persons, or upon other persons of a 
particular class, for the purpose of showing that he was a quarrelsome 
individual, and therefore that it was highly probable that the 
particular charge of assault was well founded. The extent to which 
this sort of thing might be carried is inconceivable. ... To obviate 
the prejudices, the injustice, and the waste of time to which the 
admission of such evidence would lead, and bearing in mind the 
extent to which it might be carried, and that litigants are mortal, 
it is necessary not only to adhere to the rule, but to lay it down 
strictly. I think, therefore, the fact that the plaintiff had entered 
into contracts of a particular kind with other persons on other 
occasions could not be properly admitted in evidence Where no 



custom of trade to make such contracts, and no connexion between 
such and the one in question, was shown to exist " {Hollingham v. 
Head, 1858, 4 C.B. N.S. 388). 

There is no difference between the principles of evidence in 
civil and in criminal cases, although there are a few special rules, 
such as those relating to confessions and to dying declarations, 
which are only applicable to criminal proceedings. But in civil 
proceedings the issues are narrowed by mutual admissions of 
the parties, more use is made of evidence taken out of court, such 
as affidavits, and, generally, the rules of evidence are less strictly 
applied. It is often impolitic to object to the admission of 
evidence, even when' the objection may be sustained by previous 
rulings. The general tendency of modern procedure is to place 
a more liberal and less technical construction on rules of evidence, 
especially in civil cases. In recent volumes of law reports cases 
turning on the admissibility of evidence are conspicuous by their 
rarity. Various causes have operated in this direction. One of 
them has been the change in the system of pleading, under which 
each party now knows before the actual trial the main facts on 
which his opponent relies. Another is the interaction of chancery 
and common-law practice and traditions since the Judicature 
Acts. In the chancery courts the rules of evidence were always 
less carefully observed, or, as Westminster would have said, 
less understood, than in the courts of common law. A judge 
trying questions of fact alone might naturally think that blinkers, 
though useful for a jury, are unnecessary for a judge. And the 
chancery judge was apt to read his affidavits first, and to deter- 
mine their admissibility afterwards. In the meantime they had 
affected his mind. 

The tendency of modern text-writers, among whom Professor 
J. B. Thayer (1831-1902), of Harvard, was perhaps the most 
independent, instructive and suggestive, is to restrict materially 
the field occupied by the law of evidence, and to relegate to other 
branches of the law topics traditionally treated under the head 
of evidence. Thus in every way the law of evidence, though 
still embodying some principles of great importance, is of less 
comparative importance as a branch of English law than it was 
half a century ago. Legal rules, like dogmas, have their growth 
and decay. First comes the judge who gives a ruling in a parti- 
cular case. Then comes the text-writer who collects the scattered 
rulings, throws them into the form of general propositions, 
connects them together by some theory, sound or unsound, 
and often ignores or obscures their historical origin. After him 
comes the legislator who crystallizes the propositions into enact- 
ments, not always to the advantage of mankind. So also with 
decay. Legal rules fall into the background, are explained away, 
are ignored, are denied, are overruled. Much of the English 
law of evidence is in a stage of decay. 

The subject-matter of the law of evidence may be arranged 
differently according to the taste or point of view of the writer. 
It will be arranged here under the following heads: — I. Prelimin- 
ary Matter; II. Classes of Evidence; III. Rules of Exclusion; 
IV. Documentary Evidence; V. Witnesses. 

I. Preliminary Matter 

Under this head may be grouped certain principles and con- 
siderations which limit the range of matters to which evidence 
relates. 

1. Law and Fact. — Evidence relates only to facts. It is 
therefore necessary to touch on the distinction between law 
and facts. Ad quaestionem facti non respondent judices; ad 
quaestionem juris non respondent juratores. Thus Coke, attribut- 
ing, after his wont, to Bracton a maxim which may have been 
invented by himself. The maxim became the subject of political 
controversy, and the two rival views are represented by Pul- 
teney's lines — 

" For twelve honest men have decided the cause 
Who are judges alike of the facts and the laws," 

and by Lord Mansfield's variant — 

" Who are judges of facts, but not judges of laws." 

The particular question raised with respect to the law of libel 



EVIDENCE 



15 



was settled by Fox's LibelAct 1792. Coke's maxim describes 
in a broad general way the distinction between the functions of 
the judge and of the jury, but is only true subject to important 
quaLifications. Judges in jury cases constantly decide what may 
be properly called questions of fact, though their action is 
often disguised by the language applied or the procedure em- 
ployed. Juries, in giving a general verdict, often practically 
take the law into their own hands. The border-line between the 
two classes of questions is indicated by the " mixed questions 
of law and fact," to use a common phrase, which arise in such 
cases as those relating to "necessaries," "due diligence," 
" negligence," " reasonableness," " reasonable and probable 
cause." In the treatment of these cases the line has been drawn 
differently at different times, and two conflicting tendencies 
are discernible. On the one hand, there is the natural tendency 
to generalize common inferences into legal rules, and to fix legal 
standards of duty. On the other hand, there is the sound instinct 
that it is a mistake to define and refine too much in these cases, 
and that the better course is to leave broadly to the jury, under 
the general guidance of the judge, the question what would be 
done by the " reasonable " or " prudent " man in particular 
cases. The latter tendency predominates in modern English 
law, and is reflected by the enactments in the recent acts codify- 
ing the law on bills of exchange and sale of goods, that certain 
questions of reasonableness are to be treated as questions of 
fact. On the same ground rests the dislike to limit the right of 
a jury to give a genera) verdict in criminal cases. Questions of 
custom begin by being questions of fact, but as the custom obtains 
general recognition it becomes law. Many of the rules of the 
English mercantile law were " found " as customs by Lord 
Mansfield's special juries. Generally, it must be remembered 
that the jury act in subordinate co-operation with the judge, 
and that the extent to which the judge limits or encroaches on 
the province of the jury is apt to depend on the personal idiosyn- 
crasy of the judge. 

2. Judicial Notice— -It may be doubted whether the subject 
of judicial notice belongs properly to the law of evidence, and 
whether it does not belong rather to the general topic of legal or 
judicial reasoning. Matters which are the subject of judicial 
notice are part of the equipment of the judicial mind. It would 
be absurd to require evidence of every fact; many facts must 
be assumed to be known. The judge, like the juryman, is sup- 
posed to bring with him to the consideration of the question 
which he has to try common sense, a general knowledge of 
human nature and the ways of the world, and also knowledge of 
things that " everybody is supposed to know." Of such matters 
judicial notice is said to be taken. But the range of general 
knowledge is indefinite, and the range of judicial notice has, for 
reasons of convenience, been fixed or extended, both by rulings 
of the judges and by numerous enactments of the legislature. 
It would be impossible to enumerate here the matters of which 
judicial notice must or may be taken. These are to be found 
in the text-books. For present purposes it must suffice to say 
that they include not only matters of fact of common and certain 
knowledge, but the law and practice of the courts, and many 
matters connected with the government of the country. 

3. Presumptions. — A presumption in the ordinary sense is an 
inference. It is an argument, based on observation, that what 
has happened in some cases will probably happen in others of the 
like nature. The subject of presumptions, so far as they are 
mere inferences or arguments, belongs, not to the law of evidence, 
or to law at all, but to rules of reasoning. But a legal presump- 
tion, or, as it is sometimes called, a presumption of law, as dis- 
tinguished from a presumption of fact, is something more. It 
may be described, in Stephen's language, as " a rule of law that 
courts and judges shall draw a particular inference from a 
particular fact, or from particular evidence, unless and until 
the truth" (perhaps it would be better to say 'soundness') 
" of the inference is disproved." Courts and legislatures have 
laid down such rules on grounds of public policy or general con- 
venience, and the rules have then to be observed as rules of 
positive law, not merely used as part of the ordinary process of 



reasoning or argument. Some so-called presumptions are rules 
of substantive law under a disguise. To this class appear to 
belong " conclusive presumptions of law," such as the common- 
law presumption that a child under seven years of age cannot 
commit a felony. So again the presumption that every one 
knows the law is merely an awkward way of saying that ignorance 
of the law is not a legal excuse for breaking it. Of true legal 
presumptions, the majority may be dealt with most appropriately 
under different branches of the substantive law, such as the law 
of crime, of property, or of contract, and accordingly Stephen 
has included in his Digest of the Law of Evidence only some which 
are common to more than one branch of the law. The effect 
of a presumption is to impute to certain facts or groups of facts 
a prima facie significance or operation, and thus, in legal pro- 
ceedings, to throw upon the party against whom it works the 
duty of bringing forward evidence to meet it. Accordingly the 
subject of presumptions is intimately connected with the subject 
of the burden of proof, and the same legal rule may be expressed 
in different forms, either as throwing the advantage of a presump- 
tion on one side, or as throwing the burden of proof on the other. 
Thus the rule in Stephen's Digest, which says that the burden of 
proving that any person has been guilty of a crime or wrongful 
act is on the person who asserts it, appears in the article entitled 
" Presumption of Innocence." Among the more ordinary and 
more important legal presumptions are the presumption of 
regularity in proceedings, described generally as a presumption 
omnia esse rite acta, and including the presumption that the 
holder of a public office has been duly appointed, and has duly 
performed his official duties, the presumption of the legitimacy 
of a child born during the mother's marriage, or within the 
period of gestation after her husband's death, and the presump- 
tions as to life and death. " A person shown not to have been 
heard of for seven years by those (if any) who, if he had been 
alive, would naturally have heard of him, is presumed to be dead 
unless the circumstances of the case are such as to account for 
his not being heard of without assuming his death; but there is 
no presumption as to the time when he died, and the burden of 
proving his death at any particular time is upon the person who 
asserts it. There is no presumption " (i.e. legal presumption) 
" as to the age at which a person died who is shown to have been 
alive at a given time, or as to the order in which two or more 
persons died who are shown to have died in the same accident, 
shipwreck or battle" (Stephen, Dig. , art. 99). A document 
proved or purporting to be thirty years old is presumed to be 
genuine, and to have been properly executed and (if necessary) 
attested if produced from the proper custody. And the legal 
presumption of a " lost grant," i.e. the presumption that a right 
or alleged right which has been long enjoyed without interrup- 
tion had a legal origin, still survives in addition to the common 
law and statutory rules of prescription. 

4. Burden of Proof. — The expression onus probandi has come 
down from the classical Roman law, and both it and the Roman 
maxims, Agenti incumbit probatio, Necessitas probandi incumbit 
ei qui dicit non ei qui negat, and Reus excipiendo fit actor, must 
be read with reference to the Roman system of actions, under 
which nothing was admitted, but the plaintiff's case was tried 
first; then, unless that failed, the defendant's on his exceptio; 
then, unless that failed, the plaintiff's on his replicatio, and so 
on. Under such a system the burden was always on the " actor." 
In modern law the phrase " burden of proof " may mean one of 
two things, which are often confused — the burden of establish- 
ing the proposition or issue on which the case depends, and the 
burden of producing evidence on any particular point either at 
the beginning or at a later stage of the case. The burden in the 
former sense ordinarily rests on the plaintiff or prosecutor. The 
burden in the latter sense, that of going forward with evidence 
on a particular point, may shift from side to side as the case 
proceeds. The general rule is that he who alleges a fact must 
prove it, whether the allegation is couched in affirmative or 
negative terms. But this rule is subject to the effect of presump- 
tions in particular cases, to the principle that in considering the 
amount of evidence necessary to shift the burden of proof regard 



*6 



EVIDENCE 



must be had to the opportunities of knowledge possessed by the 
parties respectively, and to the express provisions of statutes 
directing where the burden of proof is to lie in particular cases. 
Thus many statutes expressly direct that the proof of lawful 
excuse or authority, or the absence of fraudulent intent, is to lie 
on the person charged with an offence. And the Summary 
Jurisdiction Act 1848 provides that if the information or com- 
plaint in summary proceedings negatives any exemption, excep- 
tion, proviso, or condition in the statute on which it is founded, 
the prosecutor or complainant need not prove the negative, but 
the defendant may prove the affirmative in his defence. 

II. Classes of Evidence 
Evidence is often described as being either oral or document- 
ary. To these two classes should be added a third, called by 
Bentham real evidence, and consisting of things presented 
immediately to the senses of the judge or the jury. Thus the 
judge or jury may go to view any place the sight of which may 
help to an understanding of the evidence, and may inspect any- 
thing sufficiently identified and produced in court as material 
to the decision. Weapons, clothes and things alleged to have 
been stolen or damaged are often brought into court for this 
purpose. Oral evidence consists of the statements of witnesses. 
Documentary evidence consists of documents submitted to the 
judge or jury by way of proof. The distinction between primary 
and eecondary evidence relates only to documentary evidence, 
and will be noticed in the section under that head. A division 
of evidence from another point of view is that into direct and 
indirect, or, as it is sometimes called, circumstantial evidence. 
By direct evidence is meant the statement of a person who saw, 
or otherwise observed with his senses, the fact in question. By 
indirect or circumstantial evidence is meant evidence of facts 
from which the fact in question may be inferred. The difference 
between direct and indirect evidence is a difference of kind, 
not of degree, and therefore the rule or maxim as to " best 
evidence " has no application to it. Juries naturally attach 
more weight to direct evidence, and in some legal systems it is 
only this class of evidence which is allowed to have full probative 
force. In some respects indirect evidence is superior to direct 
evidence, because, as Paley puts it, " facts cannot lie," whilst 
witnesses can and do. On the other hand facts often deceive; 
that is to say, the inferences drawn from them are often erroneous. 
The circumstances in which crimes are ordinarily committed are 
such that direct evidence of their commission is usually not 
obtainable, and when criminality depends on a state of mind, 
such as intention, that state must necessarily be inferred by 
means of indirect evidence. 

III. Rules of Exclusion 

It seems desirable to state the leading rules of exclusion in 
their crude form instead of obscuring their historical origin by 
attempting to force them into the shape of precise technical 
propositions forming parts of a logically connected system. The 
judges who laid the foundations of our modern law of evidence, 
like those who first discoursed on the duties of trustees, little 
dreamt of the elaborate and artificial system which was to be 
based upon their remarks. The rules will be found, as might be 
expected, to be vague, to overlap each other, to require much 
explanation, and to be subject to many exceptions. They may 
be stated as follows: — (1) Facts not relevant to the issue cannot 
be admitted as evidence. (2) The evidence produced must be 
the best obtainable under the circumstances. (3) Hearsay is 
not evidence. (4) Opinion is not evidence. 

1. Ride of Relevancy. — The so-called rule of relevancy is some- 
times stated by text-writers in the form in which it was laid 
down by Baron Parke in 1837 (Wright v. Doe and Tatham, 7 A. 
and E. 384), when he described "one great principle " in the 
law of evidence as being that " all facts which are relevant to the 
issue may be proved." Stated in different forms, the rule has 
been made by Fitzjames Stephen the central point of his theory 
of evidence. But relevancy, in the proper and natural sense, 
as we have said, is a matter not of law, but of logic. If Baron 



Parke's dictum relates to relevancy in its natural sense it is not 
true; if it relates to relevancy in a. narrow and artificial sense, 
as equivalent to admissible, it is tautological. Such practical 
importance as the rule of relevancy possesses consists, not in 
what it includes, but in what it excludes, and for that reason 
it seems better to state the rule in a negative or exclusive form. 
But whether the rule is stated in a positive or in a negative form 
its vagueness is apparent. No precise line can be drawn between 
" relevant " and " irrelevant " facts. The two classes shade 
into each other by imperceptible degrees. The broad truth is 
that the courts have excluded from consideration certain matters 
which have some bearing on the question to be decided, and 
which, in that sense, are relevant, and that they have done so 
on grounds of policy and convenience. Among the matters so 
excluded are matters which are likely to mislead the jury, or to 
complicate the case unnecessarily, or which are of slight, remote, 
or merely conjectural importance. Instances of the classes of 
matters so excluded can be given, but it seems difficult to refer 
their exclusion to any more general principle than this. Rules 
as to evidence of character and conduct appear to fall under this 
principle. Evidence is not admissible to show that the person 
who is alleged to have done a thing was of a disposition or char- 
acter which makes it probable that he would or would not have 
done it. This rule excludes the biographical accounts of the 
prisoner which are so familiar in French trials, and is an im- 
portant principle in English trials. It is subject to three excep- 
tions: first, that evidence of good character is admissible in 
favour of the prisoner in all criminal cases; secondly, that a 
prisoner indicted for rape is entitled to call evidence as to the 
immoral character of the prosecutrix; and thirdly, that a 
witness may be called to say that he would not believe a previous 
witness on his oath. The exception allowing the good character 
of a prisoner to influence the verdict, as distinguished from the 
sentence, is more humane than logical, and seems to have been 
at first admitted in capital cases only. The exception in rape 
cases does not allow evidence to be given of specific acts of im- 
morality with persons other than the prisoner, doubtless on the 
ground that such evidence would affect the reputations of third 
parties. Where the character of a person is expressly in issue, 
as in actions of libel and slander, the rule of exclusion, as stated 
above, does not apply. Nor does it prevent evidence of bad 
character from being given in mitigation of damages, where the 
amount of damages virtually depends on character, as in cases of 
defamation and seduction. As to conduct there is a similar 
general rule, that evidence of the conduct of a person on other 
occasions is not to be used merely for the purpose of showing the 
likelihood of' his having acted in a similar way on a particular 
occasion. Thus, on a charge of murder, the prosecutor cannot 
give evidence of the prisoner's conduct to other persons for the 
purpose of proving a bloodthirsty and murderous disposition. 
And in a civil case a defendant was not allowed to show that 
the plaintiff had sold goods on particular terms to other persons 
for the purpose of proving that he had sold similar goods on the 
same terms to the defendant. But this general rule must be 
carefully construed. Where several offences are so connected 
with each other as to form parts of an entire transaction, evidence 
of one is admissible as proof of another. Thus, where a prisoner 
is charged with stealing particular goods from a particular place, 
evidence may be given that other goods, taken from the same 
place at the same time, were found in his possession. And where 
it is proved or admitted that a person did a particular act, and 
the question is as to his state of mind, that is to say, whether he 
did the act knowingly, intentionally, fraudulently, or the like, 
evidence may be given of the commission by him of similar acts 
on other occasions for the purpose of proving his state of mind 
on the occasion. This principle is most commonly applied in 
charges for uttering false documents or base coin, and not uncom- 
monly in charges for false pretences, embezzlement or murder. 
In proceedings for the receipt or possession of stolen property, 
the legislature has expressly authorized evidence to be given of 
the possession by the prisoner of other stolen property, or of his 
previous conviction of an offence involving fraud or dishonesty 



EVIDENCE 



17 



(Prevention of Crimes Act 187 1). Again, where there is a 
question whether a person committed an offence, evidence may 
be given of any fact supplying a motive or constituting prepara- 
tion for the offence, of any subsequent conduct of the person 
accused, which is apparently influenced by the commission of 
the offence, and of any act done by him, or by his authority, in 
consequence of the offence. Thus, evidence may be given that, 
after, the commission of the alleged offence, the prisoner ab- 
sconded, or was in possession of the property, or the proceeds 
of the property, acquired by the offence, or that he attempted 
to conceal things which were or might have been used in com- 
mitting the offence, or as to the manner in which he conducted 
himself when statements were made in his presence and hearing. 
Statements made to or in the presence of a person charged with 
an offence are admitted as evidence, not of the facts stated, but 
of the conduct or demeanour of the person to whom or in whose 
presence they are made, or of the general character of the trans- 
action of which they form part (under the res gestae rule men- 
tioned below). 

2. Best Evidence Rule. — Statements to the effect of the best 
evidence rule were often made by Chief Justice Holt about the 
beginning of the 18th century, and became familiar in the courts. 
Chief Baron Gilbert, in his book on evidence, which must have 
been written before 1726, says that " the first and most signal 
rule in relation to evidence is this, that a man must have the 
utmost evidence the nature of the fact is capable of." And in 
the great case of Omichund v. Barker (1744), Lord Hardwicke 
went so far as to say, " The judges and sages of the law have laid 
down that there is but one general rule of evidence, the best that 
the nature of the case will admit " (1 Atkyns 49). It is no 
wonder that a rule thus solemnly stated should have found a 
prominent place in text-books on the law of evidence. But, 
apart from its application to documentary evidence, it does not 
seem to be more than a useful guiding principle which underlies, 
or may be used in support of, several rules. 

It is to documentary evidence that the principle is usually 
applied, in the form of the narrower rule excluding, subject to 
exceptions, secondary evidence of the contents of a document 
where primary evidence is obtainable. In this form the rule is 
a rule of exclusion, but may be most conveniently dealt with 
in connexion with the special subject of documentary evidence. 
As noticed above, the general rule does not apply to the differ- 
ence between direct and indirect evidence. And, doubtless on 
account of its vague character, it finds no place in Stephen's 
Digest. 

3. Hearsay.— The term " hearsay " primarily applies to what 
a witness has heard another person say in respect to a fact in 
dispute. But it is extended to any statement, whether reduced 
to writing or not, which is brought before the court, not by the 
author of the statement, but by a person to whose knowledge the 
statement has been brought. Thus the hearsay rule excludes 
statements, oral or written, made in the first instance by a person 
who is not called as a witness in the case. Historically this rule 
may be traced to the time when the functions of the witnesses 
were first distinguished from the functions of the jury, and when 
the witnesses were required by their formula to testify de visu 
suo et auditu, to state what they knew about facts from the direct 
evidence of their senses, not from the information of others. 
The rule excludes statements the effect of which is liable to be 
altered by the narrator, and which purport to have been made 
by persons who did not necessarily speak under the sanction of 
an oath, and whose accuracy or veracity is not tested by cross- 
examination. It is therefore of practical utility in shutting out 
many loose statements and much irresponsible gossip. On the 
other hand, it excludes statements which are of some value as 
evidence, and may indeed be the only available evidence. Thus, 
a statement has been excluded as hearsay, even though it can be 
proved that the author of the statement made it on oath, or 
that it was against his interest when he made it, or that he is 
prevented by insanity or other illness from giving evidence him- 
self, or that he has left the country and disappeared, or that he 
is dead. 



Owing to the inconveniences which would be caused by a strict 
application of the rule, it has been so much eaten into by exceptions 
that some persons doubt whether the rule and the exceptions ought 
not to change places. Among the exceptions the following may be 
noticed : (a) Certain sworn statements. -^-\n many cases statements 
made by a person whose evidence is material, but who cannot come 
before the court, or could not come before it without serious diffi- 
culty, delay or expense, may be admitted as evidence under proper 
safeguards. Under the Indictable Offences Act 1848, where a person 
has made a deposition before a justice at a preliminary inquiry into 
an offence, his deposition may be read in evidence on proof that the 
deponent is dead, or too ill to travel, that the deposition was taken 
in the presence of the accused person, and that the accused then had 
a full opportunity of cross-examining the deponent. The deposition 
must appear to be signed by the justice before whom it purports to 
have been taken. Depositions taken before a coroner are admissible 
under the same principle. And the principle probably extends to 
cases where the deponent is insane, or kept away by the person 
accused. There are other statutory provisions for the admission of 
depositions, as in the Criminal Law Amendment Act 1867; the 
Foreign Jurisdiction Act 1890; and the Children Act 1908, incor- 
porating an act of 1894. In civil cases the rule excluding statements 
not made in court at the trial is much less strictly applied. Frequent 
use is made of evidence taken before an examiner, or under a com- 
mission. Affidavits are freely used for subordinate issues or under 
an arrangement between the parties, and leave may be given to use 
evidence taken in other proceedings. The old chancery practice, 
under which evidence, both at the trial and at other stages of a 
proceeding, was normally taken by affidavit, irrespectively of consent, 
was altered by the Judicature Acts. Under the existing rules of 
the supreme court evidence may be given by affidavit upon any 
motion, petition or summons, but the court or a judge may, on the 
application of either party, order the attendance for cross-examina- 
tion of the person making the affidavit, (b) Dying declarations. — 
In a trial for murder or manslaughter a declaration by the person 
killed as to the cause of his death, or as to any of the circumstances 
of the transaction which resulted in his death, is admissible as 
evidence. But this exception is very strictly construed. It must 
be proved that the declarant, at the time of making the declaration, 
was in actual danger of death, and had given up all hope of recovery. 
(c) Statements in pedigree cases. — On a question of pedigree the 
statement of a deceased person, whether based on his own personal 
knowledge or on family tradition, is admissible as evidence, if it is 
proved that the person who made the statement was related to the 
person about whose family relations the statement was made, and 
that the statement was made before the question with respect to 
which the evidence is required had arisen, (d) Statements as to 
matters of public or general interest.— Statements by deceased per- 
sons are admissible as evidence of reputation or general belief in 
questions relating to the existence of any public or general right 
or custom, or matter of public and general interest. Statements of 
this kind are constantly admitted in questions relating to right of 
way, or rights of common, or manorial or other local customs. 
Maps, copies of court rolls, leases and other deeds, and verdicts, 
judgments, and orders of court fall within the exception in cases of 
this kind. («) Statements in course of duty or business. — A statement 
with respect to a particular fact made by a deceased person in 
pursuance of his duty in connexion with any office, employment or 
business, whether public or private, is admissible as evidence of that 
fact, if the statement appears to have been made from personal 
knowledge, and at or about the time when the fact occurred. This 
exception covers entries by clerks and other employees. (/) Statements 
against interest. — A statement made by a deceased person against 
his pecuniary or proprietary interest is admissible as evidence, 
without reference to the time at which it was made. Where such a 
statement is admissible the whole of it becomes admissible, though 
it may contain matters not against the interest of the person who 
made it, and though the total effect may be in his favour. Thus, 
where there was a question whether a particular sum was a gift or a 
loan, entries in an account book of receipt of interest on the sum 
were admitted, and a statement in the book that the alleged debtor 
had on a particular date acknowledged the loan was also admitted. 
(g) Public documents. — Under this head may be placed recitals in 
public acts of parliament, notices in the London, Edinburgh, or Dublin 
Gazette (which are made evidence by statute in a large number of 
cases), and entries made in the performance of duty in official 
registers or records, such as registers of births, deaths or marriages, 
registers of companies, records injudicial proceedings, and the like. 
An entry in a public document may be treated as a statement made 
in the course of duty, but it is admissible whether the person who 
made the statement is alive or dead, and without any evidence as 
to personal knowledge, or the time at which the statement is made. 
(h) Admissions. — By the term " admission," as here used, is meant 
a statement made out of the witness-box by a party to the proceedings, 
whether civil or criminal, or by some person whose statements are 
binding on that party, against the interest of that party. The term 
includes admissions made in answer to interrogatories, or to a notice 
to admit facts, but not admissions made on the pleadings. Admis- 
sions, in this sense of the term, are admissible as evidence against the 
person by whom they are made, or on whom they are binding, 



i8 



EVIDENCE 



without reference to the life or death of the person who made them. 
A person is bound by the statements of his agent, acting within the 
scope of his authority, and barristers and solicitors are agents for- 
their clients in the conduct of legal proceedings. Conversely, a 
person suing or defending on behalf of another, e.g. as agent or 
trustee, is bound by the statements of the person whom he repre- 
sents. Statements respecting property made by a predecessor in 
title bind the successor. Where a statement is put in evidence as an 
admission by, or binding on, any person, that person is entitled to 
have the whole statement given in evidence. The principle of this 
rule is obviously sound, because it would be unfair to pick out from 
a man's statement what tells against him, and to suppress what is 
in his favour. But the application of the rule is sometimes attended 
with difficulty. An admission will not be allowed to be used as 
evidence if it was made under a stipulation, express or implied, that 
it should not be so used. Such admissions are said to be made 
" without prejudice." (i) Confessions. — A confession is an admission 
by a person accused of an offence that he has committed the offence 
of which he is accused. But the rules about admitting as evidence 
confessions in criminal proceedings are much more strict than the 
rules about admissions in civil proceedings. The general rule is, 
that a confession is not admissible as evidence against any person 
except the person who makes it. But a confession made by one 
accomplice in the presence of another is admissible against the latter 
to this extent, that, if it implicates him, his silence under the charge 
may be used against him, whilst on the other hand his prompt 
repudiation of the charge might tell in his favour. In other words, 
the confession may be used as evidence of the conduct of the person 
in whose presence it was made. A confession cannot be admitted 
as evidence unless proved to be voluntary. A confession is not 
treated as being voluntary if it appears to the court to have been 
caused by any inducement, threat or promise which proceeded 
from a magistrate or other person in authority concerned in the 
charge, and which, in the opinion of the court, gave the accused 
person reasonable ground for supposing that by making a confession 
he would gain some advantage or avoid some evil in reference to the 
proceedings against him. This applies to any inducement, threat 
or promise having reference to the charge, whether it is addressed 
directly to the accused person or is brought to his knowledge indirectly. 
But a confession is not involuntary merely because it appears to 
have been caused by the exhortations of a person in authority to 
make it as a matter of religious duty, or by an inducement collateral 
to the proceedings, or by an inducement held out by a person having 
nothing to do with the apprehension, prosecution or examination 
of the prisoner. Thus, a confession made to a gaol chaplain in con- 
sequence of religious exhortation has been admitted as evidence. 
So also has a confession made by a prisoner to a gaoler in consequence 
of a promise by the gaoler, that if the prisoner confessed he should 
be allowed to see his wife. To make a confession involuntary, the 
inducement must have reference to the prisoner's escape from the 
charge against him, and must be made by some person having power 
to relieve him, wholly or partially, from the consequences of the 
charge. A confession is treated as voluntary if, in the opinion of the 
court, it was made after the complete removal of the impression 
produced by any inducement, threat or promise which would have 
made it involuntary. Where a confession was made under an 
inducement which makes the confession involuntary, evidence 
may be given of facts discovered in consequence of the confession, 
and of so much of the confession as distinctly relates to those facts. 
Thus, A. under circumstances which make the confession involuntary, 
tells a policeman that he, A., had thrown a lantern into the pond. 
Evidence may be given that the lantern was found in the pond, and 
that A. said he had thrown it there. It is of course improper to try 
to extort a confession by fraud or under the promise of secrecy. 
But if a confession is otherwise admissible as evidence, it does not 
uecome inadmissible merely because it was made under a promise 
of secrecy, or in consequence of a deception practised on the accused 
person for the purpose of obtaining it, or when he was drunk, or 
because it was made in answer to questions, whether put by a 
magistrate or by a private person, or because he was not warned 
that he was not bound to make the confession, and that it might 
be used against him. If a confession is given in evidence, the whole 
of it must be given, and not merely the parts disadvantageous to the 
accused person. Evidence amounting to a confession may be used 
as such against the person who gave it, though it was given on oath, 
and though the proceeding in which it was given had reference to 
the same subject-matter as the proceeding in which it is to be used, 
and though the witness might have refused to answer the questions 
put to him. But if, after refusing to answer such questions, the 
witness is improperly compelled to answer, his answers are not 
a voluntary confession. The grave jealousy and suspicion with 
which the English law regards confessions offer a marked contrast 
to the importance attached to this form of evidence in other systems 
of procedure, such as the inquisitorial system which long prevailed, 
and still to some extent prevails, on the continent. (7) Res gestae. — 
Statements are often admitted as evidence on the ground that they 
form part of what is called the " transaction," or res gestae, the 
occurrence or nature of which is in question. For instance, where 
an act may be proved, statements accompanying and explaining 
the act made by or to the person doing it, may be given in evidence. 



There is no difficulty in understanding the principle on which this 
exception from the hearsay rule rests, but there is often practical 
difficulty in applying it, and the practice has varied. How long is 
the " transaction " to be treated as lasting? What ought to be 
treated as " the immediate and natural effect of continuing action," 
and, for that reason, as part of the res gestae ? When an act of violence 
is committed, to what extent are the terms of the complaint made 
by the sufferer, as distinguished from the fact of a complaint having 
been made, admissible as evidence ? These are some of the questions 
raised. The cases in which statements by a person as to his bodily 
or mental condition may be put in evidence may perhaps be treated 
as falling under the same principle. In the Rugeley. poisoning case, 
statements by the deceased person before his illness as to his state 
of health, and as to his symptoms during illness, were admitted as 
evidence for the prosecution. Under the same principle may also 
be brought the rule as to statements in conspiracy cases. ' In charges 
of conspiracy, after evidence has been given of the existence of the 
plot, and of the connexion of the accused with it, the charge against 
one conspirator may be supported by evidence of anything done, 
written, or said, not only by him, but by any other of the conspirators, 
in furtherance of the common purpose. On the other hand, a state- 
ment made by one conspirator, not in execution of the common 
purpose, but in narration of some event forming part of the con- 
spiracy, would be treated, not as part of the " transaction," but as 
a statement excluded by the hearsay rule. Thus the admissibility 
of writings in conspiracy cases may depend on the time when they 
can be shown to have been in the possession of a fellow-conspirator, 
whether before or after the prisoner's apprehension, (k) Complaints 
in rape cases, &c. — In trials for rape and similar offences, the fact 
that shortly after the commission of the alleged offence a complaint 
was made by the person against whom the offence was committed, 
and also the terms of the complaint, have been admitted as evidence, 
not of the facts complained of, but of the consistency of the com- 
plainants conduct with the story told by her in the witness-box, and 
as negativing consent on her part. 

4. Opinion. — The rule excluding expressions of opinion also 
dates from the first distinction between the functions of wit- 
nesses and jury. It was for the witnesses to state facts, for the 
jury to form conclusions. Of course every statement of fact 
involves inference, and implies a judgment on phenomena ob- 
served by the senses. And the inference is often erroneous, as in 
the answer to the question, " Was he drunk?" A prudent wit- 
ness will often guard himself, and is allowed to guard himself, by 
answering td the best of his belief. But, for practical purposes, 
it is possible to draw a distinction between a statement of facts 
observed and an expression of opinion as to the inference to be 
drawn from these facts, and the rule telling witnesses to state 
facts and not express opinions is of great value in keeping their 
statements out of the region of argument and conjecture. The 
evidence of " experts," that is to say, of persons having a special 
knowledge of some particular subject, is generally described as 
constituting the chief exception to the rule. But perhaps it 
would be more accurate to say that experts are allowed a much 
wider range than ordinary witnesses in the expression of their 
opinions, and in the statement of facts on which their opinions 
are based. Thus, in a poisoning case, a doctor may be asked 
as an expert whether, in his opinion, a particular poison produces 
particular symptoms. And, where lunacy is set up as a defence, 
an expert may be asked whether, in his opinion, the symptoms 
exhibited by the alleged lunatic commonly show unsoundness of 
mind, and whether such unsoundness of mind usually renders 
persons incapable of knowing the nature of their acts, or of 
knowing that what they do is either wrong or contrary to the 
law. Similar principles are applied to the evidence of engineers, 
and in numerous other cases. In cases of disputed handwriting 
the evidence of experts in handwriting is expressly recognized 
by statute (Evidence and Practice on Criminal Trials 1865). 

IV. Documentary Evidence 
Charters and other writings were exhibited to the jury at a 
very early date, and it is to writings so exhibited that the term 
" evidence " or " evidences " seems to have been originally 
applied par excellence. The oral evidence of witnesses came 
later. Where a document is to be used as evidence the first 
question is how its contents are to be proved. To this question 
the principle of " best evidence " applies, in the form of the rule 
that primary evidence must be given except in the cases where 
secondary evidence is allowed. By primary evidence is meant 
the document itself produced for inspection. By secondary 



EVIDENCE 



19 



evidence is meant a copy of the document, or verbal accounts of 
its contents. 

The rule as to the inadmissibility of a copy ot a document is 
applied much more strictly to private than to public or official 
documents. Secondary evidence may be given of the contents of 
a private document in the following cases : 

(a) Where the original is shown or appears to be in the possession 

of the adverse party, and he, after having been served 
with reasonable notice to produce it, does not do so. 

(b) Where the original is shown or appears to be in the possession 

or power of a stranger not legally bound to produce it, and 
he, after having been served with a writ of subpoena duces 
tecum, or after having been sworn as a witness and asked 
for the document, and having admitted that it is in court, 
refuses to produce it. 

(c) Where it is shown that proper search has been made for the 

original, and there is reason for believing that it is destroyed 
or lost. 

(d) Where the original is of such a nature as not to be easily 

movable, as in the case of a placard posted on a wall, or 
of a tombstone, or is in a country trom which it is not 
permitted to be removed. 
(«) Where the original is a document for the proof of which special 
provision is made by any act of parliament, or any law in 
force for the time being. Documents of that kind are 
practically treated on the same footing as private docu- 
ments. 
if) Where the document is an entry in a banker's book, provable 
according to the special provisions of the Bankers' Books 
Evidence Act 1879. 
Secondary evidence of a private document is usually given either 
by producing a copy and calling a witness who can prove the copy 
to be correct, or, when there is no copy obtainable, by calling a 
witness who has seen the document, and can give an account of its 
contents. No general definition of public document is possible, 
but the rules of evidence applicable to public documents are expressly 
applied by statute to many classes of documents. Primary evidence 
of any public document may be given by producing the document 
from proper custody, and by a witness identifying it as being what 
it professes to be. Public documents may always be proved by 
secondary evidence, but the particular kind of secondary evidence 
required is in many cases defined by statute. Where a document 
is of such a public nature as to be admissible in evidence on its mere 
production from the proper custody, and no statute exists which 
renders its contents provable by means of a copy, any copy thereof 
or extract therefrom is admissible as proof of its contents, if it is 
proved to be an examined copy or extract, or purports to be signed 
or certified as a true copy or extract by the officer to whose custody 
the original is entrusted. Many statutes provide that various 
certificates, official and public documents, documents and proceed- 
ings of corporations and of joint stock and other companies, and 
certified copies of documents, by-laws, entries in registers and other 
books, shall be receivable as evidence of certain particulars in courts 
of justice, if they are authenticated in the manner prescribed by the 
statutes. Whenever, by virtue of any such provision, any such 
certificate or certified copy is receivable as proof of any parti- 
cular in any court of justice, it is admissible as evidence, if it 
purports to be authenticated in the manner prescribed by law, 
without calling any witness to prove any stamp, seal, or signature 
required for its authentication, or the official character of the person 
who appears to have signed it. The Documentary Evidence Acts 
1868, 1882 and 1895, provide modes of proving the contents of 
several classes of proclamations, orders and regulations. 

If a document is of a kind which is required by law to be attested, 

but not otherwise, an attesting witness must be called to prove its 

due execution. But this rule is subject to the following exceptions : 

(a) If it is proved that there is no attesting witness alive, and 

capable of giving evidence, then it is sufficient to prove 

that the attestation of at least one attesting witness is in 

his handwriting, and that the signature of the person 

executing the document is in the handwriting of that 

person. 

(6) If the document is proved, or purports to be, more than 

thirty years old, and is produced from what the court 

considers to be its proper custody, an attesting witness 

need not be called, and it will be presumed without evidence 

that the instrument was duly executed and attested. 

Where a document embodies a judgment, a contract, a grant, 
or disposition of property, or any other legal transaction or 
" act in the law," on which rights depend, the validity of the 
transaction may be impugned on the ground of fraud, incapacity, 
want of consideration, or other legal ground. But this seems 
outside the law of evidence. In this class of cases a question 
often arises whether extrinsic evidence can be produced to vary 
the nature of the transaction embodied in the document. The 
answer to this question seems to depend on whether the docu- 



; ment was or was not intended to be a complete and final state- 
ment of the transaction which it embodies. If it was, you cannot 
go outside the document for the purpose of ascertaining the 
nature of the transaction. If it was not, you may. But the 
mere statement of this test shows the difficulty of formulating 
precise rules, and of applying them when formulated. Fitz- 
James Stephen mentions, among the facts which may be proved 
in these cases, the existence of separate and consistent oral 
agreements as to matters on which the document is silent, if there 
is reason to believe that the document is not a complete and final 
statement of the transaction, and the existence of any usage or 
custom with reference to which a contract may be presumed to 
have been made. But he admits that the rules on the subject 
are "by no means easy to apply, inasmuch as from the nature 
of the case an enormous number of transactions fall close on 
one side or the other of most of them." The underlying principle 
appears to be a. rule of substantive law rather than of evidence. 
When parties to an arrangement have reduced the terms of the 
arrangement to a definite, complete, and final written form, they 
should be bound exclusively by the terms embodied in that form. 
The question in each case is under what circumstances they 
ought to be treated as having done so. 

The expression "parol evidence," which includes written as 
well as verbal evidence, has often been applied to the extrinsic 
evidence produced for the purpose of varying the nature of the 
transaction embodied in a document. It is also applied to ex- 
trinsic evidence used for another purpose, namely, that of ex- 
plaining the meaning of the terms used in a document. The two 
questions, What is the real nature of the transaction referred 
to in a document? and, What is the meaning of a document? are 
often confused, but are really distinct from each other. The 
rules bearing on the latter question are rules of construction or 
interpretation rather than of evidence, but are ordinarily treated 
as part of the law of evidence, and are for that reason included 
by Fitz James Stephen in his Digest. In stating these rules he 
adopts, with verbal modifications, the six propositions laid down 
by Vice-Chancellor Wigram in his Examinations of the Rules of 
Law respecting the admission of Extrinsic Evidence in Aid of the 
Interpretation of Wills. The substance of these propositions 
appears to be this, that wherever the meaning of a document 
cannot be satisfactorily ascertained from the document itself) 
use may be made of any other evidence for the purpose of 
elucidating the meaning, subject to one restriction, that, except 
in cases of equivocation, i.e. where a person or thing is described 
in terms applicable equally to more than one, resort cannot be 
had to extrinsic expressions of the author's intention. 
V. Witnesses 

1. Attendance. — If a witness does not attend voluntarily he 
can be required to attend by a writ of subpoena. 

2. Competency. — As a general rule every person is a com- 
petent witness. Formerly persons were disqualified by crime 
or interest, or by being parties to the proceedings, but these 
disqualifications have now been removed by statute, and the 
circumstances which formerly created them do not affect the 
competency, though they may often affect the credibility, of a 
witness. 

Under the general law as it stood before the Criminal Evidence 
Act 189S came into force, a person charged with an offence was 
not competent to give evidence on his own behalf. But many 
exceptions had been made to this rule by legislation, and the rule 
itself was finally abolished by the act of 1898. Under that law 
a pe son charged is a competent witness, but he can only give 
evidence for the defence, and can only give evidence if he himself 
applies to do so. Under the law as it stood before 1898, persons 
jointly charged and being tried together were not competent to 
give evidence either for or against each other. Under the act 
of 1898 a person charged jointly with another is a competent 
witness, but only for the defence, and not for the prosecution. 
If, therefore, one of the persons charged applies to give evidence 
his cross-examination must not be conducted with a view to 
establish the guilt of the other. Consequently, if it is thought 



20 



EVIDENCE 



desirable to use against one prisoner the evidence of another 
who is being tried with him, the latter should be released, or a 
separate verdict of not guilty taken against him. A prisoner so 
giving evidence is popularly said to turn king's evidence. It 
follows that, subject to what has been said above as to persons 
tried together, the evidence of an accomplice is admissible 
against his principal, and vice versa. The evidence of an accom- 
plice is, however, always received with great jealousy and caution. 
A conviction on the unsupported testimony of an accomplice 
may, in some cases, be strictly legal, but the practice is to require 
it to be confirmed by unimpeachable testimony in some material 
part, and more especially as to his identification of the person or 
persons against whom his evidence may be received. The wife 
of a person charged is now a competent witness, but, except in 
certain special cases, she can only give evidence for the defence, 
and can only give evidence if her husband applies that she should 
do so. The special cases in which a wife can be called as a 
witness either for the prosecution or for the defence, and without 
the consent of the person charged, are cases arising under parti- 
cular enactments scheduled to the act of 1898, and relating 
mainly to offences against wives and children, and cases in which 
the wife is by common law a competent witness against her 
husband, i.e. where the proceeding is against the husband for 
bodily injury or violence inflicted on his wife. The rule of ex- 
clusion extends only to a lawful wife. There is no ground for 
supposing that the wife of a prosecutor is an incompetent witness. 
A witness is incompetent if, in the opinion of the court, he is 
prevented by extreme youth, disease affecting his mind, or any 
other cause of the same kind, from recollecting the matter on 
which he is to testify, from understanding the questions put to him, 
from giving rational answers to those questions, or from knowing 
that he ought to speak the truth. A witness unable to speak 
or hear is not incompetent, but may give his evidence by writing 
or by signs, or in any other manner in which he can make it in- 
telligible. The particular form of the religious belief of a witness, 
or his want of religious belief, does not affect his competency. 
This ground of incompetency has now been finally removed by the 
Oaths Act 1888. It will be seen that the effect of the successive 
enactments which have gradually removed the disqualifications 
attaching to various classes of witnesses has been to draw a 
distinction between the competency of a witness and his credibility. 
No person is disqualified on moral or religious grounds, but his 
character may be such as to throw grave doubts on the value 
of his evidence. No relationship, except to a limited extent that 
of husband and wife, excludes from giving evidence. The parent 
may be examined on the trial of the child, the child on that of 
the parent, master for or against servant, and servant for or 
against master. The relationship of the witness to the prose- 
cutor or the prisoner in such cases may affect the credibility of 
the witness, but does not exclude his evidence. 

3. Privilege. — It does not follow that, because a person is 
competent to give evidence, he can therefore be compelled to 
do so. 

No one, except a person charged with an. offence when giving 
evidence on his own application, and as to the offence where- 
with he is charged, is bound to answer a question if the answer 
would, in the opinion of the court, have a tendency to expose 
the witness, or the wife or husband of the witness, to any criminal 
charge, penalty, or forfeiture, which the court regards as reason- 
ably likely to be preferred or sued for. Accordingly, an accom- 
plice cannot be examined without his consent, but if an accom- 
plice who has come forward to give evidence on a promise of 
pardon, or favourable consideration, refuses to give full and fair 
information, he renders himself liable to be convicted on his 
own confession. However, even accomplices in such circum- 
stances are not required to answer on their cross-examination 
as to other offences. Where, under the new law, a person charged 
with an offence offers himself as a witness, he may be asked any 
question in cross-examination, notwithstanding that it would 
tend to criminate him as to the offence charged. But he may 
not be asked, and if he is asked must not be required to answer, 
any question tending to show that he has committed, or been 



convicted of, or been charged with, any other offence, or is of 
bad character, unless: — 

(i.) The proof that he has committed, or been convicted of, the 
other offence is admissible evidence to show that he is 
guilty of the offence with which he is then charged; or, 
(ii.) He has personally, or by his advocate, asked questions of 
the witnesses for the prosecution, with a view to establish 
his own good character, or has given evidence of his good 
character, or the nature or conduct of the defence is such 
as to involve imputations on the character of the prose- 
cutor or the witnesses for the prosecution; or, 
(iii.) He has given evidence against any other person charged 
with the same offence. 

He may not be asked questions tending to criminate his wife. 

The privilege as to criminating answers does not cover answers 
merely tending to establish a civil liability. No one is excused 
from answering a question or producing a document only because 
the answer or document may establish or tend to establish that 
he owes a debt, or is otherwise liable to any civil proceeding. 
It is a privilege for the protection of the witness, and therefore 
may be waived by him. But there are other privileges which 
cannot be so waived. Thus, on grounds of public policy, no one 
can be compelled, or is allowed, to give evidence relating to any 
affairs of state, or as to official communications between public 
officers upon public affairs, except with the consent of the head 
of the department concerned, and this consent is refused if the 
production of the information asked for is considered detri- 
mental to the public service. 

Again, in cases in which the government is immediately con- 
cerned, no witness can be compelled to answer any question the 
answer to which would tend to discover the names of persons 
by or to whom information was given as to the commission of 
offences. It is, as a rule, for the court to decide whether the per- 
mission of any such question would or would not, under the 
circumstances of the particular case, be injurious to the ad- 
ministration of justice. 

A husband is not compellable to disclose any communication 
made to him by his wife during the marriage; and a wife is not 
compellable to disclose any communication made to her by her 
husband during the marriage. 

A legal adviser is not permitted, whether during or after the 
termination of his employment as such, unless with his client's 
express consent, to disclose any communication, oral or docu- 
mentary, made to him as such legal adviser, by or on behalf of 
his client, during, in the course of, and for the purpose of his 
employment, or to disclose any advice given by him to his client 
during, in the course of, and for the purpose of such employment. 
But this protection does not extend to — 

(a) Any such communication if made in furtherance of any 
criminal purpose; nor 

(b) Any fact observed by a legal adviser in the course of his 
employment as such, showing that any crime or fraud has been 
committed since the commencement of his employment, whether 
his attention was directed to such fact by or on behalf of his 
client or not; nor 

(c) Any fact with which the legal adviser became acquainted 
otherwise than in his character as such. 

Medical men and clergymen are not privileged from the dis- 
closure of communications made to them in professional con- 
fidence, but it is not usual to press for the disclosures of com- 
munications made to clergymen. 

4. Oaths. — A witness must give his evidence under the sanction 
of an oath, or of what is equivalent to an oath, that is to say, of 
a solemn promise to speak the truth. The ordinary form of oath 
is adapted to Christians, but a person belonging to a non- 
Christian religion may be sworn in any form prescribed or 
recognized by the custom of his religion. (See the article Oath.) 

5. Publicity. — The evidence of a witness at a trial must, as 
a general rule, be given in open court in the course of the trial. 
The secrecy which was such a characteristic feature of the 
" inquisition " procedure is abhorrent to English law, and, even 
where publicity conflicts with decency, English courts are very 
reluctant to dispense With or relax the safeguards for justice 
which publicity involves. 



EVIL EYE 



21 



6. Examination.— The normal course of procedure is this. 
The party who begins, i.e. ordinarily the plaintiff or prosecutor, 
calls his witnesses in order. Each witness is first examined on 
behalf of the party for whom he is called. This is called the 
examination in chief. Then he is liable to be cross-examined 
on behalf of the other side. And, finally, he may be re-examined 
on behalf of his own side. After the case for the other side has 
been opened, the same procedure is adopted with the witnesses 
for that side. In some cases the party who began is allowed to 
adduce further evidence in reply to his opponent's evidence. 
The examination is conducted, not by the court, but by or on 
behalf of the contending, parties. It will be seen that the prin- 
ciple underlying this procedure is that of the duel, or conflict 
between two contending parties, each relying on and using his 
own evidence, and trying to break down the evidence of his 
opponent. It differs from the principle of the " inquisition " 
procedure, in which the court takes a more active part, and in 
which the cases for the two sides are not so sharply distinguished. 
In a continental trial it is often difficult to determine whether 
the case for the prosecution or the case for the defence is proceed- 
ing. Conflicting witnesses stand up together and are " con- 
fronted " with each other. In the examination in chief questions 
must be confined to matters bearing on the main question at 
issue, and a witness must not be asked leading questions, i.e. 
questions suggesting the answer which the person putting the 
question wishes or expects to receive, or suggesting disputed 
facts about which the witness is to testify. But the rule about 
leading questions is not applied where the questions asked are 
simply introductory, and form no part of the real substance of 
the inquiry, or where they relate to matters which, though 
material, are not disputed. And if the witness called by a person 
appears to be directly hostile to him, or interested on the other 
side, or unwilling to reply, the reason for the rules applying to 
examination in chief' breaks down, and the witness may be 
asked leading questions and cross-examined, and treated in every 
respect as though he was a witness called on the other side, except 
that a party producing a witness must not impeach his credit by 
general evidence of bad character (Evidence and Practice on 
Criminal Trials Act 1865). In cross-examination questions not 
bearing on the main issue and leading questions may be put and 
(subject to the rules as to privilege) must be answered, as the 
cross-examiner is entitled to test the examination in chief by 
every means in his power. Questions not bearing on the main 
issue are often asked in cross-examination merely for the purpose 
of putting off his guard a witness who is supposed to have learnt 
up his story. In cross-examination questions may also be asked 
which tend either to test the accuracy or credibility of the 
witness, or to shake his credit by impeaching his motives or in- 
juring his character. The licence allowed in cross-examination has 
often been seriously abused, and the power of the court to check 
it is recognized by one of the rules of the supreme court (R.S.C. 
xxxvi. 39, added in 1883). It is considered wrong to put 
questions which assume that facts have been proved which have 
not been proved, or that answers have been given contrary to 
the fact. A witness ought not to be pressed in cross-examination 
as to any facts which, if admitted, would not affect the question 
at issue or the credibility of the witness. If the cross-examiner 
intends to adduce evidence contrary to the evidence given by 
the witness, he ought to put to the witness in cross-examination 
the substance of the evidence which he proposes to adduce, in 
order to give the witness an opportunity of retracting or explain- 
ing. Where a witness has answered a question which only tends 
to affect his credibility by injuring his character, it is only in a 
limited number of cases that evidence can be given to contra- 
dict his answer. Where he is asked whether he has ever been 
convicted of any felony or misdemeanour, and denies or refuses 
to answer, proof may be given of the truth of the facts suggested 
(28 & 29 Vict. c. 15, s. 6). The same rule is observed where 
he is asked a question tending to show that he is not impartial. 
Where a witness has previously made a statement inconsistent 
with his evidence, proof may be given that he did in fact make 
it. But before such proof is given the circumstances of the alleged 



statement, sufficient to designate the particular occasion, must 
be mentioned to the witness, and he must be asked whether he 
did or did not make the statement. And if the statement was 
made in, or has been reduced to, writing, the attention of the 
witness must, before the writing is used against him, be called to 
those parts of the writing which are to be used for the purpose of 
contradicting him (Evidence and Practice on Criminal Trials Act 
1865, ss. 4, 5). The credibility of a witness may be impeached 
by the evidence of persons who swear that they, from their 
knowledge of the witness, believe him to be unworthy of 
credit on his oath. These persons may not on their examina- 
tion in chief give reasons for their belief, but they may be 
asked their reasons in cross-examination, and their answers 
cannot be contradicted. When the credit of a witness is so 
impeached, the party who called the witness may give evidence 
in reply to show that the witness is worthy of credit. Re- 
examination must be directed exclusively to the explanation 
of matters referred to in cross-examination, and if new matter 
is, by the permission of the court, introduced in re-examination, 
the other side may further cross-examine upon it. A witness 
under examination may refresh his memory by referring to any 
writing made by himself at or about the time of the occurrence 
to which the writing relates, or made by any other person, and 
read and found accurate by the witness at or about the time. 
An expert may refresh his memory by reference to professional 
treatises. 

For the history of the English law of evidence, see Brunner, 
Entslehung der Schwurgerichte; Bigelow, History of Procedure in 
England ; Stephen (Sir J. F.), History of the Criminal Law of England ; 
Pollock and Maitland, History of English Law, bk. ii. ch. ix. ; 
Thayer, Preliminary Treatise on Evidence at the Common Law. The 
principal text-books now in use are — Roscoe, Digest of the Law of 
Evidence on the Trial of Actions at Nisi Prius (18th ed., 1907); 
Roscoe, Digest of the Law of Evidence in Criminal Cases (13th ed., 
1908); Taylor, Treatise on the Law of Evidence (10th ed., 1906); 
Best, Principles of the Law of Evidence (10th ed., 1906); Powell, 
Principles and Practice of the Law of Evidence (8th ed., 1904); 
Stephen, Digest of Die Law of Evidence (8th ed.., 1907) ; Wills, Theory 
and Practice of the Law of Evidence (1907). For the history of the law 
of criminal evidence in France, see Esmein, Hist, de la procedure 
criminelle en France. For Germany, see Holtzendorff, Encyclopadie 
der Rechtswissenschaft (passages indexed under head "'Beweis"); 
Holtzendorff, Rechlslexikon (" Beweis "). (C. P. I.) 

EVIL EYE. The terror of the arts of " fascination," i.e. that 
certain persons can bewitch, injure and even kill with a glance, 
has been and is still very widely spread. The power was not 
thought to be always maliciously cultivated. It was as often 1 
supposed to be involuntary (cf. Deuteronomy xxviii. 54) ; and 
a story is told of a Slav who, afflicted with the evil eye, at last 
blinded himself in order that he might not be the means of injur- 
ing his children (Woyciki, Polish Folklore, trans, by Lewenstein, 
p. 25). Few of the old classic writers fail to refer to the dread 
power. In Rome the " evil eye " was so well recognized that 
Pliny states that special laws were enacted against injury to 
crops by incantation, excantation or fascination. The power 
was styled fiamavia by the Greeks and fascinatio by the Latins. 
Children and young animals of all kinds were thought to be speci- 
ally susceptible. Charms were worn against the evil eye both 
by man and beast, and in Judges viii. 21 it is thought there is 
a reference to this custom in the allusion to the " ornaments " 
on the necks of camels. In classic times the wearing of amulets 
was universal. They were of three classes: (1) those the in- 
tention of which was to attract on to themselves, as the light- 
ning-rod the lightning, the malignant glance; (2) charms hidden 
in the bosom of the dress; (3) written words from sacred writ- 
ings. Of these three types the first was most numerous. They 
were oftenest of a grotesque and generally grossly obscene nature. 
They were also made in the form of frogs, beetles and so on. 
But the ancients did not wholly rely on amulets. Spitting was 
among the Greeks and Romans a most common antidote to the 
poison of the evil eye. According to Theocritus it is necessary 
to spit three times into the breast of the person who fears fascina- 
tion. Gestures, too, often intentionally obscene, were regarded 
as prophylactics on meeting the dreaded individual. The evil 
eye was believed to have its impulse in envy, and thus it came 



22 



EVOLUTION 



[HISTORY 



to be regarded as unlucky to have any of your possessions praised. 
Among the Romans, therefore, it was customary when praising 
anything to add Praefiscini dixerim (Fain Evil! I should say). 
This custom survives in modern Italy, where in like circumstances 
is said Si mal occhio non ci fosse (May the evil eye not strike it). 
The object of these conventional phrases was to prove that the 
speaker was sincere and had no evil designs in his praise. Though 
there is no set formula, traces of the custom are found in English 
rural sayings, e.g. the Somersetshire " I don't wish ee no harm, 
so I on't zay no more." This is what the Scots call " fore - 
speaking," when praise beyond measure is likely to be followed 
by disease or accident. A Manxman will never say he is very 
well: he usually admits that he is " middling," or qualifies his ad- 
mission of good health by adding " now " or " just now." The 
belief led in many countries to the saying, when one heard any- 
body or anything praised superabundantly, " God preserve him 
or it." So in Ireland, to avoid being suspected of having the evil 
eye, it is advisable when looking at a child to say " God bless it" ; 
and when passing a farm-yard where cows are collected at milking 
time it is usual for the peasant to say, " The blessing of God be 
on you and all your labour." Bacon writes: " It seems some 
have been so curious as to note that the times when the stroke 
... of an envious eye does most hurt are particularly when 
the party envied is beheld in glory and triumph." 

The powers of the evil eye seem indeed to have been most 
feared by the prosperous. Its powers are often quoted as almost 
limitless. Thus one record solemnly declares that in a town 
of Africa a fascinator called Elzanar killed by his evil art no less 
than 80 people in two years (W. W. Story, Castle St Angelo, 
1877, p. 149). The belief as affecting cattle was universal in the 
Scottish Highlands as late as the 18th century and still lingers. 
Thus if a stranger looks admiringly on a cow the peasants still 
think she will waste away, and they offer the visitor some of her 
milk to drink in the belief that in this manner the spell is broken. 
The modern Turks and Arabs also think that their horses and 
camels are subject to the evil eye. But the people of Italy, 
especially the Neapolitans, are the best modern instances of 
implicit believers. The jettatore, as the owner of the evil eye is 
called, is so feared that at his approach it is scarcely an ex- 
aggeration to say that a street will clear: everybody will rush 
into doorways or up alleys to avoid the dreaded glance. The 
jettatore di bambini (fascinator of children) is the most dreaded 
of all. The evil eye is still much feared for horses in India, 
China, Turkey, Greece and almost everywhere where horses are 
found. In rural England the pig is of all animals oftenest 
" overlooked." While the Italians are perhaps the greatest 
believers in the evil eye as affecting persons, the superstition 
is rife in the East. In India the belief is universal. In Bombay 
the blast of the evil eye is supposed to be a form of spirit-pos- 
session. In western India all witches and wizards are said to 
be evil-eyed. Modern Egyptian mothers thus account for the 
sickly appearance of their babies. In Turkey passages from 
the Koran are painted on the outside of houses to save the in- 
mates, and texts as amulets are worn upon the person, or hung 
upon camels and horses by Arabs, Abyssinians and other 
peoples. The superstition is universal among savage races. 

For a full discussion see Evil Eye by F. T. Elworthy (London, 
1895); also W. W. Story, Castle St Angelo and the Evil Eye (1877); 
E. N. Rolfe and H. Ingleby, Naples in 1888 (1888); Johannes 
Christian Frommann, Tractalus de fascinaliorie novus el smgularis, 
&c, &c. (Nuremburg, 1675) ; R. C. Maclagan, Evil Eye in the Western 
Highlands (1902). 

EVOLUTION. The modern doctrine of evolution or " evolv- 
ing," as opposed to that of simple creation, has been defined by 
Prof. James Sully in the 9th edition of this encyclopaedia as a 
"natural history of the cosmos including organic beings, ex- 
pressed in physical terms as a mechanical process." The follow- 
ing exposition of the historical development of the doctrine is 
taken from Sully's article, and for the most part is in his own 
words. 

In the modern doctrine of evolution the cosmic system appears 
as a natural product of elementary matter and its laws. The 
various grades of life on our planet are the natural consequences 



of certain physical processes involved in the gradual transfor- 
mations of the earth. Conscious life is viewed a3 conditioned by 
physical (organic and more especially nervous) processes, and 
as evolving itself in close correlation with organic evolution. 
Finally, human development, as exhibited in historical and pre- 
historical records, is regarded as the highest and most complex 
result of organic and physical evolution. This modern doctrine 
of evolution is but an expansion and completion of those physical 
theories (see below) which opened the history of speculation. 
It differs from them in being grounded on exact and verified 
research. As such, moreover, it is a much more limited theory 
of evolution than the ancient. It does not necessarily concern 
itself about the question of the infinitude of worlds in space and 
in time. It is content to explain the origin and course of develop- 
ment of the world, the solar or, at most, the sidereal system 
which falls under our own observation. It would be difficult to 
say what branches of science had done most towards the establish- 
ment of this doctrine. We must content ourselves by referring 
to the progress of physical (including chemical) theory, which has 
led to the great generalization of the conservation of energy; to 
the discovery of the fundamental chemical identity of the matter 
of our planet and of other celestial bodies, and of the chemical 
relations of organic and inorganic bodies; to the advance of 
astronomical speculation respecting the origin of the solar system, 
&c; to the growth of the science of geology which has necessi- 
tated the conception of vast and unimaginable periods of time 
in the past history of our globe, and to the rapid march of the 
biological sciences which has made us familiar with the simplest 
types and elements of organism; finally, to the development 
of the science of anthropology (including comparative psycho- 
logy; philology, &c), and to the vast extension and improverr-ent 
of all branches of historical study. 

History of the Idea of Evolution. — The doctrine of evolution 
in its finished and definite form is a modern product. It required 
for its formation an amount of scientific knowledge which could 
only be very gradually acquired. It is vain, therefore, to look 
for clearly defined and systematic presentations of the idea among 
ancient writers. On the other hand, nearly all systems of philo- 
sophy have discussed the underlying problems. Such questions 
as the origin of the cosmos as a whole, the production of organic 
beings and of conscious minds, and the meaning of the observable 
grades of creation, have from the dawn of speculation occupied 
men's minds; and the answers to these questions often imply a 
vague recognition of the idea of a gradual evolution of things. 
Accordingly, in tracing the antecedents of the modern philosophic 
doctrine we shall have to glance at most of the principal systems 
of cosmology, ancient and modern. Yet since in these systems 
inquiries into the esse and fieri of the world are rarely distin- 
guished with any precision, it will be necessary to indicate 
very briefly the general outlines of the system so far as they 
are necessary for understanding their bearing on the problems 
of evolution. 

Mythological Interpretation. — The problem of the origin of the 
world was the first to engage man's speculative activity. Nor 
was this line of inquiry pursued simply as a step in the more 
practical problem of man's final destiny. The order of ideas 
observable in children suggests the reflection that man began to 
discuss the "whence " of existence before the " whither." At 
first, as in the case of the child, the problem of the genesis of 
things was conceived anthropomorphically: the question 
" How did the world arise?" first shaped itself to the human 
mind under the form " Who made the world?" As long as the 
problem was conceived in this simple manner there was, of course, 
no room for the idea of a necessary self-conditioned evolution. 
Yet the first indistinct germ of such an idea appears to emerge 
in combination with that of creation in some of the ancient 
systems of theogony. Thus, for example, in the myth of the 
ancient Parsees, the gods Ormuzd and Ahriman are said to 
evolve themselves out of a primordial matter. It may be sup- 
posed that these crude fancies embody a dim recognition of the 
physical forces and objects personified under the forms of deities, 
and a rude attempt to account for their genesis as a natural 



HISTORY] 



EVOLUTION 



23 



process. These first unscientific ideas of a genesis of the per- 
manent objects of nature took as their pattern the process of 
organic reproduction and development, and this, not only 
because these objects were regarded as personalities, but also 
because this particular mode of becoming would most impress 
these early observers. This same way of looking at the origin 
of the material world is illustrated in the Egyptian notion of a 
cosmic egg out of which issues the god (Phta) who creates the 
world. 

Indian Philosophy. — Passing from mythology to speculation 
properly so called, we find in the early systems of philosophy of 
India theories of emanation which approach in some respects 
the idea of evolution. Brahma is conceived as the eternal self- 
existent being, which on its material side unfolds itself to the 
world by gradually condensing itself to material objects through 
the gradations of ether, fire, water, earth and the elements. At 
the same time this eternal being is conceived as the all-embracing 
world-soul from which emanates the hierarchy of individual 
souls. In the later system of emanation of Sankhya there is a 
more marked approach to a materialistic doctrine of evolution. 
If, we are told, we follow the chain of causes far enough back 
we reach unlimited eternal creative nature or matter. Qut of 
this " principal thing " or " original nature " all material and 
spiritual existence issues, and into it will return. Yet this prim- 
ordial creative nature is endowed with volition with regard to 
its own development. Its first emanation as plastic nature 
contains the original soul or deity out of which all individual 
souls issue. 

Early Greek Physicists. — Passing by Buddhism, which, though 
teaching the periodic destruction of our world by fire, &c, does 
not seek to determine the ultimate origin of the cosmos, we come 
to those early Greek physical philosophers who distinctly set 
themselves to eliminate the idea of divine interference with the 
world by representing its origin and changes as a natural process. 
The early Ionian physicists, including Thales, Anaximander and 
Anaximenes, seek to explain the world as generated out of a 
primordial matter (Gr. iiXr;; hence the name " Hylozoists "), 
which is at the same time the universal support of things. This 
substance is endowed with a generative or transmutative force 
by virtue of which it passes into a succession of forms. They 
thus resemble modern evolutionists, since they regard the world 
with its infinite variety of forms as issuing from a simple mode 
of matter. More especially the cosmology of Anaximander 
resembles the modern doctrine of evolution in its conception of 
the indeterminate ( to aweipov ) out of which the particular forms 
of the cosmos are differentiated. Again, Anaximander may be 
said to prepare the way for more modern conceptions of material 
evolution by regarding his primordial substance as eternal, and 
by looking on all generation as alternating with destruction, 
each step of the process being of course simply a transformation 
of the indestructible substance. Once more, the notion that 
this indeterminate body contains potentially in itself the funda- 
mental contraries — hot, cold, &c. — by the excretion or evolution 
of which definite substances were generated, is clearly a fore- 
casting of that antithesis of potentiality and actuality which 
from Aristotle downwards has been made the basis of so many 
theories of development. In conclusion, it is noteworthy that 
though resorting to utterly fanciful hypotheses respecting the 
order of the development of the world, Anaximander agrees with 
modern evolutionists in conceiving the heavenly bodies as 
arising out of an aggregation of diffused matter, and in assigning 
to organic life an origin in the inorganic materials of the primitive 
earth (pristine mud). The doctrine of Anaximenes, who unites 
the conceptions of a determinate and indeterminate original 
substance adopted by Thales and Anaximander in the hypothesis 
of a primordial and all-generating air, is a clear advance on these 
theories, inasmuch as it introduces the scientific idea of con- 
densation and rarefaction as the great generating or transforming 
agencies. For the rest, his theory is chiefly important as em- 
phasizing the vital character of the original substance. The 
primordial air is conceived as animated. Anaximenes seems 
to have inclined to a view of cosmic evolution as throughout 



involving a quasi-spiritual factor. This idea of the air as the 
original principle and source of life and intelligence is much 
more clearly expressed by a later writer, Diogenes of Apollonia. 
Diogenes made this conception of a vital and intelligent air the 
ground of a teleological view of climatic and atmospheric pheno- 
mena. It is noteworthy that he sought to establish the identity 
of organic and inorganic matter by help of the facts of vegetal 
and animal nutrition. Diogenes distinctly taught that the world 
is of finite duration, and will be renewed out of the primitive 
substance. 

Heraclitus again deserves a prominent place in a history of 
the idea of evolution. Heraclitus conceives of the incessant 
process of flux in which all things are involved as consisting of 
two sides or moments — generation and decay — which are re- 
garded as a confluence of opposite streams. In thus making 
transition or change, viewed as the identity of existence and 
non-existence, the leading idea of his system, Heraclitus antici- 
pated in some measure Hegel's peculiar doctrine of evolution 
as a dialectic process. 1 At the same time we may find expressed 
in figurative language the germs of thoughts which enter into 
still newer doctrines of evolution. For example, the notion of 
conflict (iroXejuos) as the father of all things and of harmony as 
arising out of a union of discords, and again of an endeavour by 
individual things to maintain themselves in permanence against 
the universal process of destruction and renovation, cannot but 
remind one of certain fundamental ideas in Darwin's theory of 
evolution. 

Empedocles. — Empedocles took an important step in the direc- 
tion of modern conceptions of physical evolution by teaching that 
all things arise, not by transformations of some primitive form of 
matter, but by various combinations of a number of permanent 
elements. Further, by maintaining that the elements are con- 
tinually being combined and separated by the two forces love 
and hatred, which appear to represent in a figurative way the 
physical forces of attraction and repulsion, Empedocles may be 
said to have made a considerable advance in the construction 
of the idea of evolution as a strictly mechanical process. It 
may be observed, too, that the hypothesis of a primitive com- 
pact mass (sphaerus), in which love (attraction) is supreme, 
has some curious points of similarity to, and contrast with, that 
notion of a primitive nebulous matter with which the modern 
doctrine of cosmic evolution usually sets out. Empedocles tries 
to explain the genesis of organic beings, and, according to Lange, 
anticipates the idea of Darwin that adaptations abound, because 
it is their nature to perpetuate themselves. He further recog- 
nizes a progress in the production of vegetable and animal forms, 
though this part of his theory is essentially crude and unscientific. 
More important in relation to the modern problems of evolution 
is his thoroughly materialistic way of explaining the origin of 
sensation and knowledge by help of his peculiar hypothesis of 
effluvia and pores. The supposition that sensation thus rests 
on a material process of absorption from external bodies natur- 
ally led up to the idea that plants and even inorganic subtances 
are precipient, and so to an indistinct recognition of organic life 
as a scale of intelligence. 

Atomists. — In the theory of Atomism taught by Leudppus 
and Democritus we have the basis of the modern mechanical 
conceptions of cosmic evolution. Here the endless harmonious 
diversity of our cosmos, as well as of other worlds supposed to 
coexist with our own, is said to arise through the various com- 
bination of indivisible material elements differing in figure and 
magnitude only. The force which brings the atoms together in 
the forms of objects is inherent in the elements, and all their 
motions are necessary. The origin of things, which is also theii 
substance, is thus laid in the simplest and most homogeneous 
elements or principles. The real world thus arising consists only 
of diverse combinations of atoms, having the properties of 
magnitude, figure, weight and hardness, all other qualities being 
relative only to the sentient organism. The problem of the 
genesis of mind is practically solved by identifying the soul, 

1 This is brought out by F. Lassalle, Die Philosophic Herakleitos, 
p. 126. 



24 



EVOLUTION 



[HISTORY 



or vital principle, with heat or fire which pervades in unequal 
proportions, not only man and animals, but plants and nature 
as a whole, and through the agitation of which by incoming 
effluvia all sensation arises. 

Aristotle. — Aristotle is much nearer a conception of evolution 
than his master Plato. It is true he sets out with a transcendent 
Deity, and follows Plato in viewing the creation of the cosmos 
as a process of descent from the more to the less perfect accord- 
ing to the distance from the original self-moving agency. Yet 
on the whole Aristotle leans to a teleological theory of evolution, 
which he interprets dualistually by means of certain meta- 
physical distinctions. Thus even his idea of the relation of the 
divine activity to the world shows a tendency to a pantheistic 
notion of a divine thought which gradually realizes itself in the 
process of becoming. Aristotle's distinction of form and matter, 
and his conception of becoming as a transition from actuality 
to potentiality, provides a new ontological way of conceiving 
the process of material and organic evolution. 1 To Aristotle 
the whole of nature is instinct with a vital impulse towards some 
higher manifestation. Organic life presents itself to him as a 
progressive scale of complexity determined by its final end, 
namely, man. 2 In some respects Aristotle approaches the 
modern view of evolution. Thus, though he looked on species 
as fixed, being the realization of an unchanging formative prin- 
ciple {(j>bavs), he seems, as Ueberweg observes, to have inclined 
to entertain the possibility of a spontaneous generation in the 
case of the lowest organisms. Aristotle's teleological concep- 
tion of organic evolution often approaches modern mechanical 
conceptions. Thus he says that nature fashions organs in the 
order of their necessity, the first being those essential to life. 
So, too, in his psychology he speaks of the several degrees of 
mind as arising according to a progressive necessity. 3 In his 
view of touch and taste, as the two fundamental and essential 
senses, he may remind one of Herbert Spencer's doctrine. At 
the same time Aristotle precludes the idea of a natural develop- 
ment of the mental series by the supposition that man contains, 
over and above a natural finite soul inseparable from the body, 
a substantial and eternal principle (coGs) which enters into the 
individual from without. Aristotle's brief suggestions respect- 
ing the origin of society and governments in the Politics show a 
leaning to a naturalistic interpretation of human history as a 
development conditioned by growing necessities. 

Strato. — Of Aristotle's immediate successors one deserves 
to be noticed here, namely, Strato of Lampsacus, who de- 
veloped his master's cosmology into a system of naturalism. 
Strato appears to reject Aristotle's idea of an original source 
of movement and life extraneous to the world in favour of an 
immanent principle. All parts of matter have an inward plastic 
life whereby they can fashion themselves to the best advantage, 
according to their capability, though not with consciousness. 

The Stoics. — In the cosmology of the Stoics we have the germ 
of a monistic and pantheistic conception of evolution. All things 
are said to be developed out of an original being, which is at once 
material (fire) and spiritual (the Deity), and in turn they will 
dissolve back into this primordial source. At the same time the 
world as a developed whole is regarded as an organism which is 
permeated with the divine Spirit, and so we may say that the 
world-process is a self-realization of the divine B eing. The forma- 
tive principle or force of the world is said to contain the several 
rational germinal forms of things. Individual things are sup- 
posed to arise out of the original being, as animals and plants out 
of seeds. Individual souls are an efflux from the all-compassing 
world-soul. The necessity in the world's order is regarded by 
the Stoics as identical with the divine reason, and this idea is 
used as the basis of a teleological and optimistic view of nature. 
Very curious, in relation to modern evolutional ideas, is the 
Stoical doctrine that our world is but one of a series of exactly 

1 Zeller says that through this distinction Aristotle first made 
possible the idea of development. 

2 See this well brought out in G. H. Lewes's Aristotle, p. 187. 

' Grote calls attention to the contrast between Plato's and Aris- 
totle's way of conceiving the gradations of mind {Aristotle, ii. 171). 



identical ones, all of which are destined to be burnt up and 
destroyed. 

The Epicureans — Lucretius. — The Epicureans differed from 
the Stoics by adopting a purely mechanical view of the world- 
process. Their fundamental conception is that of Democritus; 
they seek to account for the formation of the cosmos, with its 
order and regularity, by setting out with the idea of an original 
(vertical) motion of the atoms, which somehow or other results 
in movements towards and from one another. Our world is but 
one of an infinite number of others, and all the harmonies and 
adaptations of the universe are regarded as a special case of the 
infinite possibilities of mechanical events. Lucretius regards the 
primitive atoms (first beginnings or first bodies) as seeds out 
of which individual things are developed. All living and sentient 
things are formed out of insentient atoms {e.g. worms spring out 
of dung). The peculiarity of organic and sentient bodies is due 
to the minuteness and shape of their particles, and to their special 
motions and combinations. So, too, mind consists but of ex- 
tremely fine particles of matter, and dissolves into air when the 
body dies. Lucretius traces, in the fifth book of his poem, the 
progressive genesis of vegetal and animal forms out of the mother- 
earth. He vaguely anticipates the modern idea of the world 
as a survival of the fittest when he says that many races may 
have lived and died out, and that those which still exist have 
•been protected either by craft, courage or speed. Lucretius 
touches on the development of man out of a primitive, hardy, 
beast-like condition. Pregnant hints are given respecting a 
natural development of language which has its germs in sounds 
of quadrupeds and birds, of religious ideas out of dreams and 
waking hallucinations, and of the art of music by help of the 
suggestion of natural sounds. Lucretius thus recognizes the 
whole range of existence to which the doctrine of evolution may 
be applied. 

Neoplatonists. — In the doctrines of the Neoplatonists, of 
whom Plotinus is the most important, we have the world- 
process represented after the example of Plato as a series of 
descending steps, each being less perfect than its predecessors, 
since it is further removed from the first cause. 4 The system 
of Plotinus, Zellar remarks, is not strictly speaking one of 
emanation, since there is no communication of the divine 
essence to the created world; yet it resembles emanation inas- 
much as the genesis of the world is conceived as a necessary 
physical effect, and not as the result of volition. In Proclus we 
find this conception of an emanation of the world out of the 
Deity, or the absolute, made more exact, the process being re- 
garded as threefold — (1) persistence of cause in effect, (2) the 
departure of effect from cause, and (3) the tendency of effect to 
revert to its cause. 

The Fathers. — The speculations of the fathers respecting 
the origin and course of the world seek to combine Christian 
ideas of the Deity with doctrines of Greek philosophy. The 
common idea of the origin of things is that of an absolute creation 
of matter and mind alike. The course of human history is 
regarded by those writers who are most concerned to refute 
Judaism as a progressive divine education. Among the Gnostics 
we meet with the hypothesis of emanation, as, for example, in 
the curious cosmic theory of Valentinus. 

Middle Ages — Early Schoolmen. — In the speculative writings 
of the middle ages, including those of the schoolmen, we find 
no progress towards a more accurate and scientific view of nature. 
The cosmology of this period consists for the most part of the 
Aristotelian teleological view of nature combined with the 
Christian idea of the Deity and His relation to the world. In 
certain writers, however, there appears a more elaborate trans- 
formation of the doctrine of creation into a system of emanation. 
According to John Scotus Erigena, the nothing out of which the 
world is created is the divine essence. Creation is the act by 
which God passes through the primordial causes, or universal 
ideas, into the region of particular tnings {processio), in order 
finally to return to himself {reversio). The transition from the 

* Zeller observes that this scale of decreasing perfection is a 
necessary consequence of the idea of a transcendent deity. 



HISTORY] 



EVOLUTION 



25 



universal to the particular is of course conceived as a descent 
or degradation. A similar doctrine of emanation is to be found 
in the writings of Bernhard of Chartres, who conceives the 
process of the unfolding of the world as a movement in a circle 
from the most general to the individual, and from this back to 
the most general. This movement is said to go forth from God 
to the animated heaven, stars, visible world and man, which 
represent decreasing degrees of cognition. 

Arab Philosophers. — Elaborate doctrines of emanation, largely 
based on Neoplatonic ideas, are also propounded by some of 
the Arabic philosophers, as by FarabI and Avicenna. The 
leading thought is that of a descending series of intelligences, 
each emanating from its predecessor, and having its appropriate 
region in the universe. 

Jewish Philosophy. — In the Jewish speculations of the middle 
ages may be found curious forms of the doctrine of emanations 
uniting the Biblical idea of creation with elements drawn from 
the Persians and the Greeks. In the later and developed form 
of the Kabbala, the origin of the world is represented as a gradu- 
ally descending emanation of the lower out of the higher. Among 
the philosophic Jews, the Spanish Avicebron, in his Fons Vitae, 
expounds a curious doctrine of emanation. Here the divine will 
is viewed as an efflux from the divine wisdom, as the inter- 
mediate link between God, the first substance, and all things, 
and as the fountain out of which all forms emanate. At the 
same time all forms, including the higher intelligible ones, are 
said to have their existence only in matter. Matter is the one 
universal substance, body and mind being merely specifica- 
tions of this. t Thus Avicebron approaches, as Salomon Munk 
observes, 1 a pantheistic conception of the world, though he 
distinctly denies both matter and form to God. 

Later Scholastics.— Passing now to the later' schoolmen, a bare 
mention must be made of Thomas Aquinas, who elaborately 
argues for the absolute creation of the world out of nothing, and 
of Albertus Magnus, who reasons against the Aristotelian idea 
of the past eternity of the world. More importance attaches to 
Duns Scotus, who brings prominently forward the idea of a 
progressive development in nature by means of a process of 
determination. The original substance of the world is the 
materia primo-prima, which is the immediate creation of the 
Deity. This serves Duns Scotus as the most universal basis 
of existence, all angels having material bodies. This matter 
is differentiated into particular things (which are not privations 
but perfections) through the addition of an individualizing 
principle (haecceitas) to the universal (quidditas). The whole 
world is represented by the figure of a tree, of which the seeds 
and roots are the first indeterminate matter, the leaves the 
accidents, the twigs and branches corruptible creatures, the 
blossoms the rational soul, and the fruit pure spirits or angels. 
It is also described as a bifurcation of two twigs, mental and 
bodily creation out of a common root. One might almost say 
that Duns Scotus recognizes the principle of a gradual physical 
evolution, only that he chooses to represent the mechanism by 
which the process is brought about by means of quaint scholastic 
fictions. 

Revival of Learning. — The period of the revival of learning, 
which was also that of a renewed study of nature, is marked by 
a considerable amount of speculation respecting the origin of 
the universe. In some of these we see a return to Greek theories, 
though the influence of physical discoveries, more especially those 
of Copernicus, Kepler and Galileo, is distinctly traceable. 

Telesio. — An example of a return to early Greek speculation 
is to be met with in Bernardino Telesio. By this writer the world 
is explained as a product of three principles — dead matter, and 
two active forces, heat and cold. Terrestrial things arise through 
% confluence of heat, which issues from the heavens, and cold, 
which comes from the earth. Both principles have sensibility, 
And thus all products of their collision are sentient, that is, feel 
pleasure and pain. The superiority of animals to plants and 
metals in the possession of special organs of sense is connected 
with the greater complexity and heterogeneity of their structuie. 
1 Melanges de philosophic juive et arabe, p. 225. 



Giordano Bruno. — In the system of Giordano Bruno, who 
sought to construct a philosophy of nature on the basis of new 
scientific ideas, more particularly the doctrine of Copernicus, 
we find the outlines of a theory of cosmic evolution conceived 
as an essentially vital process. Matter and form are here identi- 
fied, and the evolution of the world is presented as the unfolding 
of the world-spirit to its perfect forms according to the plastic 
substratum (matter) which is but one of its sides. This process 
of change is conceived as a transformation, in appearance only, 
of the real unchanging substance (matter and form). All parts 
of matter are capable of developing into all forms; thus the 
materials of the table and chair may under proper circumstances 
be developed to the life of the plant or of the animal. The 
elementary parts of existence are the minima, or monads, which 
are at once material and mental. On their material side they are 
not absolutely unextended, but spherical. Bruno looked on our 
solar system as but one out of an infinite number of worlds. 
His theory of evolution is essentially pantheistic, and he does not 
employ his hypothesis of monads in order to work out a more 
mechanical conception. 

Campanella. — A word must be given to one of Bruno's con- 
temporary compatriots, namely Campanella, who gave poetic 
expression to that system of universal vitalism which Bruno 
developed. He argues, from the principle quicquid est in efectibus 
esse et in causis, that the elements and the whole world have 
sensation, and thus he appears to derive the organic part of 
nature out of the so-called " inorganic." 

Boehme. — Another writer of this transition period deserves 
a passing reference here, namely, Jacob Boehme the mystic, 
who by his conception of a process of inner diremption as the 
essential character of all mind, and so of God, prepared the 
way for later German theories of the origin of the world as 
the self-differentiation and self-externalization of the absolute 
spirit. 

Hobbes and Gassendi.— The influence of an advancing study of 
nature, which was stimulated if not guided by Bacon's writings, 
is seen in the more careful doctrines of materialism worked out 
almost simultaneously by Hobbes and Gassendi. These theories, 
however, contain little that bears directly on the hypothesis of 
a natural evolution of things. In the view of Hobbes, the 
difficulty of the genesis of conscious minds is solved by saying 
that sensation and thought are part of the reaction of the organ- 
ism on external movement. . Yet Hobbes appears (as Clarke 
points out) to have vaguely felt the difficulty; and in a passage 
of his Physics (chap. 25, sect. 5) he says that the universal exist- 
ence of sensation in matter cannot be disproved, though he 
shows that when there are no organic arrangements the mental 
side of the movement (phantasma) is evanescent. The theory 
of the origin of society put forth by Hobbes, though directly 
opposed in most respects to modern ideas of social evolution, 
deserves mention here by reason of its enforcing that principle 
of struggle (bellum omnium contra omnes) which has played 
so conspicuous a part in the modern doctrine of evolution. 
Gassendi, with some deviations, follows Epicurus in his theory 
of the formation of the world. The world consists of a finite 
number of atoms, which have in their own nature a self-moving 
force or principle. These atoms, which are the seeds of all things, 
are, however, not eternal but created by God. Gassendi dis- 
tinctly argues against the existence of a world-soul or a principle 
of life in nature. 

Descartes. — In the philosophy of Descartes we meet with a 
dualism of mind and matter which does not easily lend itself 
to the conception of evolution. His doctrine that consciousness 
is confined to man, the lower animals being unconscious machines 
(automata), excludes all idea of a progressive development of 
mind. Yet Descartes, in his Principia Philosophiae, laid the 
foundation of the modern mechanical conception of nature and 
of physical evolution. In the third part of this work he inclines 
to a thoroughly natural hypothesis respecting the genesis of the 
physical world, and adds in the fourth part that the same kind 
of explanation might be applied to the nature and formation 
of plants and animals. He is indeed careful to keep right with 



26 



EVOLUTION 



[HISTORY 



the orthodox doctrine of creation by saying that he does not 
believe the world actually arose in this mechanical way out of 
the three kinds of elements which he here supposes, but that he 
simply puts out his hypothesis as a mode of conceiving how it 
m.'ght have arisen. Descartes 's account of the mind and its 
passions is thoroughly materialistic, and to this extent he works 
in the direction of a materialistic explanation of the origin of 
mental life. 

Spinoza. — In Spinoza's'pantheistic theory of the world, which 
regards thought and extension as but two sides of one substance, 
the problem of becoming is submerged in that of being. Al- 
though Spinoza's theory attributes a mental side to all physical 
events, he rejects all teleological conceptions and explains the 
order of things as the result of an inherent necessity. He recog- 
nizes gradations of things according to the degree of complexity 
of their movements and that of their conceptions. To Spinoza 
(as Kuno Fischer observes) man differs from the rest of nature 
in the degree only and not in the kind of his powers. So far 
Spinoza approaches the conception of evolution. He may be 
said to furnish a further contribution to a metaphysical con- 
ception of evolution in his view of all finite individual things 
as the infinite variety to which the unlimited productive power 
of the universal substance gives birth. Sir F. Pollock has 
taken pains to show how nearly Spinoza approaches certain 
ideas contained in the modern doctrine of evolution, as for 
example that of self-preservation as the determining force in 
things. 

Locke. — In Locke we find, with a retention of certain. anti- 
evolutionist ideas, a marked tendency to this mode'of viewing 
the world. To Locke the universe is the result of a direct act of 
creation, even matter being limited in duration and created. 
Even if matter were eternal it would, he thinks, be incapable of 
producing motion; and if motion is itself conceived as eternal, 
thought can never begin to be. The first eternal being is thus 
spiritual or " cogitative," and contains in itself all the perfections 
that can ever after exist. He repeatedly insists on the impos- 
sibility of senseless matter putting on sense. 1 Yet while thus 
placing himself at a point of view opposed to that of a gradual 
evolution of the organic world, Locke prepared the way for this 
doctrine in more ways than one. First of all, his genetic method 
as applied to the mind's ideas — which laid the foundations of 
English analytical psychology — was a step in the direction of 
a conception of mental life as a gradual evolution. Again he 
works towards the same end in his celebrated refutation of the 
scholastic theory of real specific essences. In this argument he 
emphasizes the vagueness of the boundaries which mark off 
organic species with a view to show that these do not correspond 
to absolutely fixed divisions in the objective world, that they 
are made by the mind, not by nature. 2 This idea of the continuity 
of species is developed more fully in a remarkable passage 
(Essay, bk. iii. ch. vi. § 12), where he is arguing in favour of the 
hypothesis, afterwards elaborated by Leibnitz, of a graduated 
series of minds (species of spirits) from the Deity down to the 
lowest animal intelligence. He here observes that " all quite 
down from us the descent is by easy steps, and a continued 
series, of things, that in each remove differ very little from one 
another." Thus man approaches the beasts, and the animal 
kingdom is nearly joined with the vegetable, and so on down 
to the lowest and " most inorganical parts of matter." Finally, 
it is to be observed that Locke had a singularly clear view of 
organic arrangements (which of course he explained according 
to a theistic teleology) as an adaptation to the circumstances 
of the environment or to " the neighbourhood of the bodies that 
surround us." Thus he suggests that man has not eyes of a 
microscopic delicacy, because he would receive no great advan- 
tage from such acute organs, since though adding indefinitely 
to his speculative knowledge of the physical world they would 

1 Yet he leaves open the question whether the Deity has annexed 
thought to matter as a faculty, or whether it rests on a distinct 
spiritual principle. 

2 Locke half playfully touches on certain monsters, with respect 
to which it is difficult to determine whether they ought to be called 
men. (Essay, book iii. ch. vi. sect. 26, 27.) 



not practically benefit their possessor (e.g. by enabling him to 
avoid things at a convenient distance) . 3 

Idea of Progress in History. — Before leaving the 17th century 
we must just refer to the writers who laid the foundations of the 
essentially modern conception of human history as a gradual 
upward progress. According to Flint, 4 there were four men who 
in this and the preceding century seized and made prominent 
this idea, namely, Bodin, Bacon, Descartes and Pascal. The 
former distinctly argues against the idea of a deterioration of 
man in the past. In this way we see that just as advancing 
natural science was preparing the way for a doctrine of physical 
evolution, so advancing historical research was leading to the 
application of a similar idea to the collective human life. 

English Writers of the 18th Century — Hume. — The theological 
discussions, which make up so large a part of the English specu- 
lation of the 18th century cannot detain us here. There is, 
however, one writer who sets forth so clearly the alternative 
suppositions respecting the origin of the world that he claims a 
brief notice. We refer to David Hume. In his Dialogues con- 
cerning Natural Religion he puts forward tentatively, in the 
person of one of his interlocutors, the ancient hypothesis that 
since the world resembles an animal or vegetal organism rather 
than a machine, it might more easily be accounted for by a pro- 
cess of generation than by an act of creation. Later on he 
develops the materialistic view of Epicurus, only modifying it 
so far as to conceive of matter as finite. Since a finite number 
of particles is only susceptible of finite transpositions, it must 
happen (he says), in an eternal duration that every possible 
order or position will be tried an infinite number of times, and 
hence this world is to be regarded (as the Stoics maintained) as an 
exact reproduction of previous worlds. The speaker seeks to 
make intelligible the appearance of art and contrivance in the 
world as a result of a natural settlement of the universe (which 
passes through a succession of chaotic conditions) into a stable 
condition, having a constancy in its forms, yet without its 
several parts losing their motion and fluctuation. 

French Writers of the 18th Century. — Let us now pass to the 
French writers of the 18th century. Here we are first struck 
by the results of advancing physical speculation in their bearing 
on the conception of the world. Careful attempts, based on new 
scientific truths, are made to explain the genesis of the world as 
a natural process. Maupertuis, who, together with Voltaire, 
introduced the new idea of the universe as based on Newton's 
discoveries, sought to account for the origin of organic things by 
the hypothesis of sentient atoms. Buffon the naturalist specu- 
lated, not only on the structure and genesis of organic beings, 
but also on the course of formation of the earth and solar system, 
which he conceived after the analogy of the development of 
organic beings out of seed. Diderot, too, in his varied intellectual 
activity, found time to speculate on the genesis of sensation 
and thought out of a combination of matter endowed with an 
elementary kind of sentience. De la Mettrie worked out a 
materialistic doctrine of the origin of things, according to which 
sensation and consciousness are nothing but a development out 
of matter. He sought (L'Homme-machine) to connect man in 
his original condition with the lower animals, and emphasized 
(L'Homme-plante) the essential unity of plan of all living things. 
Helvetius, in his work on man, referred all differences between 
our species and the lower animals to certain peculiarities of 
organization, and so prepared the way for a conception of human 
development out of lower forms as a process of physical evolution. 
Charles Bonnet met the difficulty of the origin of conscious beings 
much in the same way as Leibnitz, by the supposition of eternal 
minute organic bodies to which are attached immortal souls. 
Yet though in this way opposing himself to the method of the 
modern doctrine of evolution, he aided the development of 
this doctrine by his view of the organic world as an ascending 

3 A similar coincidence between the teleological and the modern 
evolutional way of viewing things is to be met with in Locke's account 
of the use of pain in relation to the preservation of our being (bk. ii. 
ch. vii. sect. 4). 

4 Philosophy of History (1893), p. 103, where an interesting sketch 
of the growth of the idea of progress is to be found. 



HISTORY] 



EVOLUTION 



27 



scale from the simple to the complex. Robinet, in his treatise 
De la nature, worked out the same conception of a gradation in 
organic existence, connecting this with a general view of nature 
as a progress from the lowest inorganic forms of matter up to 
man. The process is conceived as an infinite series of variations 
or specifications of one primitive and common type. Man is 
the chef-d'xuvre of nature, which the gradual progression of 
beings was to have as its last term, and all lower creations are 
regarded as pre-conditions of man's existence, since nature 
" could only realize the human form by combining in all imagin- 
able ways each of the traits which was to enter into it." The 
formative force in this process of evolution (or " metamor- 
phosis ") is conceived as an intellectual principle (idie gineratrice) . 
Robinet thus laid the foundation of that view of the world as 
wholly vital, and as a progressive unfolding of a spiritual for- 
mative principle, which was afterwards worked out by Schelling. 
It is to be added that Robinet adopted a thorough-going 
materialistic view of the dependence of mind on body, going 
even to the length of assigning special nerve-fibres to the moral 
sense. The system of Holbach seeks to provide a consistent 
materialistic view of the world and its processes. Mental opera- 
tions are identified with physical movements, the three con- 
ditions of physical movement, inertia, attraction and repulsion, 
being in the moral world self-love, love and hate. He left open 
the question whether the capability of sensation belongs to all 
matter, or is confined to the combinations of certain materials. 
He looked on the actions of the individual organism and of 
society as determined by the needs of self-preservation. He 
conceived of man as a product of nature that had gradually 
developed itself from a low condition, though he relinquished the 
problem of the exact mode of his first genesis and advance as 
not soluble by data of experience. Holbach thus worked out the 
basis of a rigorously materialistic conception of evolution. 

The question of' human development which Holbach touched 
on was one which occupied many minds both in and out of 
France during the 18th century, and more especially towards 
its close. The foundations of this theory of history as an upward 
progress of man out of a barbaric and animal condition were 
laid by Vico in his celebrated work Principii di scienza nuova. 
In France the doctrine was represented by Turgot and Condorcet. 

German Writers of the 18th Century — Leibnitz. — In Leibnitz 
we find, if not a doctrine of evolution in the strict sense, a theory 
of the world which is curiously related to the modern doctrine. 
The chief aim of Leibnitz is no doubt to account for the world 
in its static aspect as a co-existent whole, to conceive the ultimate 
reality of things in such a way as to solve the mystery of mind 
and matter. Yet by his very mode of solving the problem he 
is led on to consider the nature of the world-process. By placing 
substantial reality in an infinite number of monads whose essen- 
tial nature is force or activity, which is conceived as mental 
(representation), Leibnitz was carried on to the explanation of 
the successive order of the world. He prepares the way, too, 
for a doctrine of evolution by his monistic idea of the substantial 
similarity of all things, inorganic and organic, bodily and spiritual, 
and still more by his conception of a perfect gradation of existence 
from the lowest " inanimate " objects, whose essential activity 
is confused representation, up to the highest organized being — 
man — with his clear intelligence. 1 Turning now to Leibnitz's 
conception of the world as a process, we see first that he supplies, 
in his notion of the underlying reality as force which is repre- 
sented as spiritual (quelque chose d'analogique an sentiment et 
a I'appetit), both a mechanical and a teleological explanation of 
its order. More than this, Leibnitz supposes that the activity 
of the monads takes the form of a self-evolution. It is the follow- 
ing out of an inherent tendency or impulse to a series of changes, 
all of which were virtually pre-existent, and this process cannot 
be interfered with from without.. As the individual monad, 
so the whole system which makes up the world is a gradual 

1 G. H. Lewes points out that Leibnitz is inconsistent in his account 
of the intelligence of man in relation to that of lower animals, since 
when answering Locke he no longer regards these as differing in 
degree only. 



development. In this case, however, we cannot say that each 
step goes out of the other as in that of individual development. 
Each monad is an original independent being, and is determined 
to take this particular point in the universe, this place in the scale 
of beings. We see how different this metaphysical conception 
is from that scientific notion of cosmic evolution in which the 
lower stages are the antecedents and conditions of the higher. 
It is probable that Leibnitz's notion of time and space, which 
approaches Kant's theory, led him to attach but little importance 
to the successive order of the world. Leibnitz, in fact, presents 
to us an infinite system of perfectly distinct though parallel 
developments, which on their mental side assume the aspect of 
a scale, not through any mutual action, but solely through 
the determination of the Deity. Even this idea, however, is 
incomplete, for Leibnitz fails to explain the physical aspect of 
development. Thus he does not account for the fact that organic 
beings — which have always existed as preformations (in the case 
of animals as animaux spermatiques) — come to be developed 
under given conditions. Yet Leibnitz prepared the way for a 
new conception of organic evolution. The modern 'monistic 
doctrine, that all material things consist of sentient elements, 
and that consciousness arises through a combination of these, 
was a natural transformation of Leibnitz's theory. 2 

Lessing. — Of Leibnitz's immediate followers we may mention 
Lessing, who in his Education of the Human Race brought out 
the truth of the process of gradual development underlying 
human history, even though he expressed this in a form incon- 
sistent with the idea of a spontaneous evolution. 

Herder. — Herder, on the other hand, Lessing's contemporary, 
treated the subject of man's development in a thoroughly 
naturalistic spirit. In his Ideen zur Philosophie der Geschichte, 
Herder adopts Leibnitz's idea of a graduated scale of beings, at 
the same time conceiving of the lower stages as the conditions 
of the higher. Thus man is said to be the highest product of 
nature, and as such to be dependent on all lower products. All 
material things are assimilated to one another as organic, the 
vitalizing principle being inherent in all matter. The develop- 
ment of man is explained in connexion with that of the earth, 
and in relation to climatic variations, &c. Man's mental faculties 
are viewed as related to his organization, and as developed under 
the pressure of the necessities of life. 3 

Kant. — Kant's relation to the doctrine of evolution is a 
many-sided one. In the first place, his peculiar system of sub- 
jective idealism, involving the idea that time is but a mental 
form to which there corresponds nothing in the sphere of 
noiimenal reality, serves to give a peculiar philosophical inters 
pretation to every doctrine of cosmic evolution. Kant, like 
Leibnitz, seeks to reconcile the mechanical and teleological 
views of nature, only he assigns to these different spheres. The 
order of the inorganic world is explained by properly physical 
causes. In his Natur geschichte des Himmels, in which he antici- 
pated the nebular theory afterwards more fully developed by 
Laplace, Kant sought to explain the genesis of the cosmos as 
a product of physical forces and laws. The worlds, or systems 
of worlds, which fill infinite space are continually being formed 
and destroyed. Chaos passes by a process of evolution into a 
cosmos, and this again into chaos. So far as the evolution of 
the solar system is concerned, Kant held these mechanical causes 
as adequate. For the world as a whole, however, he postulated 
a beginning in time (whence his use of the word creation), and 
further supposed that the impulse of organization which was 
conveyed to chaotic matter by the Creator issued from a central 
point in the infinite space spreading gradually outwards. 4 While 

2 Both Lewes and du Bois Reymond have brought out the points 
of contact between Leibnitz's theory of monads and modern bio- 
logical speculations {Hist, of Phil. ii. 287, and Leibnitzsche Gedanken 
in der modernen Natunvissenschaft, p. 23 seq.). 

3 For Herder's position in relation to the modern doctrine of evolu- 
tion see F. von BSrenbach's Herder ah Vorganger Darwins, a work 
which tends to exaggerate the proximity of the two writers. 

4 Kant held it probable that other planets besides our earth are 
inhabited, and that their inhabitants form a scale of beings, their 
perfection increasing with the distance of the planet which they 
inhabit from the sun. 



28 



EVOLUTION 



[HISTORY 



in his cosmology Kant thus relies on mechanical conceptions, in 
his treatment of organic life his mind is, on the contrary, domin- 
ated by teleological ideas. An organism was to him something 
controlled by a formative organizing principle. It was natural, 
therefore, that he rejected the idea of a spontaneous generation 
of organisms (which was just then being advocated by his friend 
Forster), not only as unsupported by experience but as an in- 
adequate hypothesis. Experience forbids our excluding organic 
activity from natural causes, also our excluding intelligence from 
purposeful (zwecktdligen) causes; hence experience forbids our 
defining the fundamental force or first cause out of which living 
creatures arose. 1 Just as Kant thus sharply marks off the regions 
of the inorganic and the organic, so he sets man in strong oppo- 
sition to the lower animals. His ascription to man of a unique 
faculty, free-will, forbade his conceiving our species as a link 
in a graduated series of organic developments. In his doctrine 
of human development he does indeed recognize an early stage 
of existence in which our species was dominated by sensuous 
enjoyment and instinct. He further conceives of this stage as 
itself a process of (natural) development, namely, of the natural 
disposition of the species to vary in the greatest possible manner 
so as to preserve its unity through a process of self-adaptation 
(Anarten) to climate. This, he says, must not be conceived as 
resulting from the action of external causes, but is due to a 
natural disposition (Anlage). From this capability of natural 
development (which already involves a teleological idea) Kant 
distinguishes the power of moral self-development or self- 
liberation from the dominion of nature, the gradual realization 
of which constitutes human history or progress. This moral 
development is regarded as a gradual approach to that rational, 
social and political state in which will be realized the greatest 
possible quantity of liberty. Thus Kant, though he appropriated 
and gave new form to the idea of human progress, conceived of 
this as wholly distinct from a natural (mechanical) process. 
In this particular, as in his view of organic actions, Kant dis- 
tinctly opposed the idea of evolution as one universal process 
swaying alike the physical and the moral world. 

Schelling. — In the earlier writings of Schelling, containing 
the philosophy of identity, existence is represented as a becom- 
ing, or process of evolution. Nature and mind (which are the 
two sides, or polar directions, of the one absolute) are each 
viewed as an activity advancing by an uninterrupted succession 
of stages. The side of this process which Schelling worked out 
most completely is the negative side, that is, nature. Nature 
is essentially a process of organic self-evolution. It can only be 
understood by subordinating the mechanical conception to the 
vital, by conceiving the world as one organism animated by a 
spiritual principle or intelligence (Weltseele) . From this point 
of view the processes of nature from the inorganic up to the most 
complex of the organic become stages in the self-realization of 
nature. All organic forms are at bottom but one organization, 
and the inorganic world. shows the same formative activity in 
various degrees or potences. Schelling conceives of the gradual 
self-evolution of nature in a succession of higher and higher forms 
as brought about by a limitation of her infinite productivity, 
showing itself in a series of points of arrest. The detailed exhi- 
bition of the organizing activity of nature in the several processes 
of the organic and inorganic world rests on a number of fanciful 
and unscientific ideas. Schelling's theory is a bold attempt to 
revitalize nature in the light of growing physical and physio- 
logical science, and by so doing to comprehend the unity of the 
world under the idea of one principle of organic development. 
His highly figurative language might leave us in doubt how far 
he conceived the higher stages of this evolution of nature as 
following the lower in time. In the introduction to his work 
Von der Weltseele, however, he argues in favour of the possibility 
of a transmutation of species in periods incommensurable with 
ours. The evolution of mind (the positive pole) proceeds by 

1 Kant calls the doctrine of the transmutation of species " a 
hazardous fancy of the reason." Yet, as Strauss and others have 
shown, Kant's mind betrayed a decided leaning at times to a more 
mechanical conception of organic forms as related by descent. 



way of three stages — theoretic, practical and aesthetical activity. 
Schelling's later theosophic speculations do not specially concern 
us here. 

Followers of Schelling. — Of the followers of Schelling a word 
or two must be said. Heinrich Steffens, in his Anthropologie, 
seeks to trace out the origin and history of man in connexion 
with a general theory of the development of the earth, and this 
again as related to the formation of the solar system. All these 
processes are regarded as a series of manifestations of a vital 
principle in higher and higher forms. Oken, again, who carries 
Schelling's ideas into the region of biological science, seeks to 
reconstruct the gradual evolution of the material world out of 
original matter, which is the first immediate appearance of God, 
or the absolute. This process is an upward one, through the 
formation of the solar system and of our earth with its inorganic 
bodies, up to the production of man. The process is essentially 
a polar linear action, or differentiation from a common centre. 
By means of this process the bodies of the solar system separate 
themselves, and the order of cosmic evolution is repeated in 
that of terrestrial evolution. • The organic world (like the world 
as a whole) arises out of a primitive chaos, namely, the infusorial 
slime. A somewhat similar working out of Schelling's idea is 
to be found in H. C. Oersted's work entitled The Soul in Nature 
(Eng. trans.). Of later works based on Schelling's doctrine of 
evolution mention may be made of the volume entitled Natur 
und Idee, by G. F. Carus. According to this writer, existence is 
nothing but a becoming, and matter is simply the momentary 
product of the process of becoming, while force is this process 
constantly revealing itself in these products. 

Hegel. — Like Schelling, Hegel conceives the problem of exist- 
ence as one of becoming. He differs from him with respect to 
the ultimate motive of that process of gradual evolution which 
reveals itself -alike in nature and in mind. With Hegel the 
absolute is itself a dialectic process which contains within itself 
a principle of progress from difference to difference and from 
unity to unity. " This process (W. Wallace remarks) knows 
nothing of the distinctions between past and future, because it 
implies an eternal present." This conception of an immanent 
spontaneous evolution is applied alike both to nature and to 
mind and history. Nature to Hegel is the idea in the form of 
hetereity; and finding itself here it has to remove this exteriority 
in a progressive evolution towards an existence for itself in life 
and mind. Nature (says Zeller) is to Hegel a system of grada- 
tions, of which one arises necessarily out of the other, and is the 
proximate truth of that out of which it results. There are three 
stadia, or moments, in this process of nature — (i) the mechanical 
moment, or matter devoid of individuality; (2) the physical 
moment, or matter which has particularized itself in bodies— 
the solar system; and (3) the organic moment, or organic beings, 
beginning with the geological organism — or the mineral kingdom, 
plants and animals. Yet this process of development is not to 
be conceived as if one stage is naturally produced out of the other, 
and not even as if the one followed the other in time. Only 
spirit has a history; in nature all forms are contemporaneous. 2 
Hegel's interpretation of mind and history as a process of evolu- 
tion has more scientific interest than his conception of nature. 
His theory of the development of free-will (the objective spirit), 
which takes its start from Kant's conception of history, with 
its three stages of legal right, morality as determined by motive 
and instinctive goodness (Sittlichkeit) , might almost as well be 
expressed in terms of a thoroughly naturalistic doctrine of 
human development. So, too, some of his conceptions respecting 
the development of art and religion (the absolute spirit) lend 
themselves to a similar interpretation. Yet while, in its applica- 
tion to history, Hegel's theory of evolution has points of re- 
semblance with those doctrines which seek to explain the world- 
process as one unbroken progress occurring in time, it constitutes 
on the whole a theory apart and sui generis. It does not conceive 
of the organic as succeeding on the inorganic, or of conscious life 

2 Hegel somewhere says that the question of the eternal duration 
of the world is unanswerable : time as well as space can be predicated 
I of finitudes onlyi 



HISTORY] 



EVOLUTION 



29 



as conditioned in time by lower forms. In this respect it re- 
sembles Leibnitz's idea of the world as a development; the idea 
of evolution is in each case a metaphysical as distinguished from 
a scientific one. Hegel gives a place in his metaphysical system 
to the mechanical and the teleological views; yet in his treatment 
of the world as an evolution the idea of end or purpose is the 
predominant one. 

Of the followers of Hegel who have worked out his peculiar 
idea of evolution it is hardly necessary to speak. A bare reference 
may be made to J. K. F. Rosenkranz, who in his work Hegel's 
Naturphilosophie seeks to develop Hegel's idea of an earth- 
organism in the light of modern science, recognizing in crystalliza- 
tion the morphological element. 

Schopenhauer. — Of the other German philosophers immediately 
following Kant, there is only one who calls for notice here, 
namely, Arthur Schopenhauer. This writer, by his conception of 
the world as will which objectifies itself in a series of gradations 
from the lowest manifestations of matter up to conscious man, 
gives a slightly new shape to the evolutional view of Schelling, 
though he deprives • this view of its optimistic character by 
denying any co-operation of intelligence in the world-process. 
In truth, Schopenhauer's conception of the world as the activity 
of a blind force is at bottom a materialistic and mechanical 
rather than a spiritualistic and teleological theory. Moreover, 
Schopenhauer's subjective idealism, and his view of time as 
something illusory, hindered him from viewing this process as a 
sequence of events in time. Thus he ascribes eternity of existence 
to species under the form of the " Platonic ideas." As Ludwig 
Noire observes, Schopenhauer has no feeling for the problem 
of the origin of organic beings. He says Lamarck's original 
animal is something metaphysical, not physical, namely, the 
will to live. " Every species (according to Schopenhauer) has of 
its own will, and according to the circumstances under which 
it would live, determined its form and organization, — yet not 
as something physical in time, but as something metaphysical 
out of time." 

Von Baer. — Before leaving the German speculation of the 
first half of the century, a word must be said of von Baer, to 
whose biological contributions we shall refer later in this article, 
who recognized in the law of development the law of the universe 
as a whole. In his Entwickelungsgeschichte der Thiere (p. 264) 
he distinctly tells us that the law of growing individuality is 
" the fundamental thought which goes through all forms and 
degrees of animal development and all single relations. It is 
the same thought which collected in the cosmic space the divided 
masses into spheres, and combined these to solar systems; 
the same which caused the weather-beaten dust on the surface 
of our metallic planet to spring forth into living forms." Von 
Baer thus prepared the way for Herbert Spencer's generalization 
of the law of organic evolution as the law of all evolution. 

Comte. — As we arrive at the 19th century, though yet before the 
days of Darwin, biology is already beginning to affect the general 
aspect of thought. It might suffice to single out the influence 
of Auguste Comte, as the last great thinker who wrote before 
Darwinism began to permeate philosophic speculation. Though 
Comte did not actually contribute to a theory of cosmic organic 
evolution, he helped to lay the foundations of a scientific con- 
ception of human history as a natural process of development 
determined by general laws of human nature together with the 
accumulating influences of the past. Comte does not recognize 
that this process is aided by any increase of innate capacity, 
on the contrary, progress is to him the unfolding of fundamental 
faculties of human nature which always pre-existed in a latent 
condition; yet he may perhaps be said to have prepared the 
way for the new conception of human progress by his inclusion 
of mental laws under biology. 

Development of the Biological Doctrine. — In the 19th century 
the doctrine of evolution received new biological contents and 
became transformed from a vague, partly metaphysical theory 
to the dominant modern conception. At this point it is con- 
venient to leave the guidance of Professor J. Sully and to follow 
closely T. H. Huxley, who in the 9th edition of this encyclopaedia 



traced the history of the growth of the biological idea of evolution 
from its philosophical beginnings to its efflorescence in Charles 
Darwin. 

In the earlier half of the 18th century the term " evolution " 
was introduced into biological writings in order to denote the 
mode in which some of the most eminent physiologists of that 
time conceived that the generation of living things took place; 
in opposition to the hypothesis advocated, in the preceding 
century, by W. Harvey in that remarkable work 1 which would 
give him a claim to rank among the founders of biological science, 
even had he not been the discoverer of the circulation of the 
blood. 

One of Harvey's prime objects is to defend and establish, on 
the basis of direct observation, the opinion already held by 
Aristotle, that, in the higher animals at any rate, the formation 
of the new organism by the process of generation takes place, 
not suddenly, by simultaneous accretion of rudiments of all or 
the most important of the organs of the adult, nor by sudden 
metamorphosis of a formative substance into a miniature of 
the whole, which subsequently grows, but by epigenesis, or 
successive differentiation of a relatively homogeneous rudiment 
into the parts and structures which are characteristic of the 
adult. 

" Et primo, quidem, quoniam per epigenesin sive partium super- 
exorientium additamentum pullum fabricari certum est: quaenam 
pars ante alias omnes exstruatur, et quid de ilia ejusque generandi 
modo observandum veniat, dispiciemus. Ratum sane est et in ovo 
manifeste apparet quod Arisloteles de perfectorum animalium genera- 
tione enuntiat: nimirum, non omnes partes simul fieri, sed ordine 
aliam post aliam; primumque existere particulam genitalem, cujus 
virtute postea (tanquam ex principio quodam) reliquae omnes 
partes prosiliant. Qualem in plantarum seminibus (fabis, puta, 
aut glandibus) gemmam sive amcem protuberantem cernimus, totius 
futurae arboris principium. Estque haec parlicula velul filius eman- 
cipatus seorsumque collocaius, et principium per se vivens; undi 
postea membrorum ordo describilur; et quaecunque ad absolvendum 
animal pertinent, disponuntur. 2 Quoniam enim nulla pars se ipsam 
general; sed poslquam generata est, se ipsam jam augel; ideo earn 
primum oriri necesse est, quae principium augendi conlineat (sive 
enim planta, sive animal est, aeque omnibus inesl quod vim habeat 
vegetandi, sive nutriendi), 3 simulque reliquas omnes partes suo 
quamque ordine distinguat et formet; proindeque in eadem primo- 
genita particula anima primario inest, sensus, motusque, et totius 
vitae auctor et principium." (Exercilatio 51.) 

Harvey proceeds to contrast this view with that of the 
" Medici," or followers of Hippocrates and Galen, who, " badly 
philosophizing," imagined that the brain, the heart, and the 
liver were simultaneously first generated in the form of vesicles; 
and, at the same time, while expressing his agreement with 
Aristotle in the principle of epigenesis, he maintains that it is 
the blood which is the primal generative part, and not, as 
Aristotle thought, the heart. 

In the latter part of the 17th century the doctrine of epigenesis 
thus advocated by Harvey was controverted on the ground of 
direct observation by M. Malpighi, who affirmed that the body 
of the chick is to be seen in the egg before the punctum sanguineutn 
makes it appearance. But from this perfectly correct observa- 
tion a conclusion which is by no means warranted was drawn, 
namely, that the chick as a whole really exists in the egg ante- 
cedently to incubation; and that what happens in the course of 
the latter process is no addition of new parts, " alias post alias 
natas," as Harvey puts it, but a simple expansion or unfolding 
of the organs which already exist, though they are too small 
and inconspicuous to be discovered. The weight of Malpighi's 
observations therefore fell into the scale of that doctrine which 
Harvey terms metamorphosis, in contradistinction to epigenesis. 

The views of Malpighi were warmly welcomed on philosophical 
grounds by Leibnitz, 4 who found in them a support to his 

1 The Exercitationes de generatione animalium, which Dr George 
Ent extracted from him and published in 1651. 
1 De generatione animalium, lib. ii. cap. x. 

3 De generatione animalium, lib. ii. cap. iv. 

4 " Cependant, pour revenir aux formes ordinaires ou aux ames 
materielles, cette duree qu'il leur faut attribuer, a la place de celle 
qu'on avoit attribute aux atomes pourroit faire douter si elles ne vont 
pas de corps en corps; ce qui seroit la metempsychose, a peu pres 
comme quelques philosophes ont cru la transmission du mouvement 



3° 



EVOLUTION 



[HISTORY 



hypothesis of monads, and by Nicholas Malebranche; 1 while, in 
the middle of the 18th century, not only speculative considera- 
tions, but a great number of new and interesting observations on 
the phenomena of generation, led the ingenious Charles Bonnet 
and A. von Haller, the first physiologist of the age, to adopt, 
advocate and extend them. 

Bonnet affirms that, before fecundation, the hen's egg contains 
an excessively minute but complete chick; and that fecundation 
and incubation simply cause this germ to absorb nutritious 
matters, which are deposited in the interstices of the elementary 
structures of which the miniature chick, or germ, is made up. 
The consequence of this intussusceptive growth is the " develop- 
ment " or " evolution " of the germ into the visible bird. Thus 
an organized individual (tout organise) " is a composite body 
consisting of the original, or elementary, parts and of the matters 
which have been associated with them by the aid of nutrition "; 
so that, if these matters could be extracted from the individual 
(tout), it would, so to speak, become concentrated in a point, 
and would thus be restored to its primitive condition of a germ; 
" just as, by extracting from a bone the calcareous substance 
which is the source of its hardness, it is reduced to its primitive 
state of gristle or membrane." 2 

" Evolution " and " development " are, for Bonnet, synony- 
mous terms; and since by "evolution" he means simply the 
expansion of that which was invisible into visibility, he was 
naturally led to the conclusion, at which Leibnitz had arrived 
by a different line of reasoning, that no such thing as generation, 
in the proper sense of the word exists in nature. The growth of 
an organic being is simply a process of enlargement, as a particle 
of dry gelatine may be swelled up by the intussusception of 
water; its death is a shrinkage, such as the swelled jelly might 
undergo on desiccation. Nothing really new is produced in the 
living world, but the germs which develop have existed since the 
beginning of things; and nothing really dies, but, when what we 
call death takes place, the living thing shrinks back into its germ 
state. 3 

et celle des esp£ces. Mais cette imagination est bien eloignee de 
la nature des choses. II n'y a point de tel passage; et c'est ici 
ou les transformations de Messieurs Swammerdam, Malpighi, et 
Leewenhoek, qui sont des plus excellens observateurs de notre terns, 
sont venues a mon secours et m'ont fait admettre plus aisement, que 
1 'animal, et toute autre substance organisee ne commence point 
lorsque nous le croyons, et que sa generation apparente n'est qu'un 
developpement et une espece d 'augmentation. Aussi ai-je remarque 
que l'auteur de la Recherche de laverite, M. Regis, M. Hartsceker, 
et d'autres habiles hommes n'ont pas ete fort efoignes de ce senti- 
ment." Leibnitz, Systeme nouveau de la nature ( 1 695) . The doctrine 
of " Emboitement " is contained in the Considerations sur le principe 
de vie (1705) ; the preface to the Theodicee (1710) ; and the Principes 
de la nature et de la grdce (§ 6) (1718). 

1 " 11 est vrai que la pensee la plus raisonnable et la plus conforme 
a l'experience sur cette question tres difficile de la formation du 
foetus; c'est que les enfans sont deja presque tout formes avant 
mime Taction par laquelle ils sont congus; et que leurs meres ne 
font que leur donner l'accroissement ordinaire dans le temps de la 
grossesse." De la recherche de la verite, livre ii. chap. vii. p. 334 
(7th ed., 1 721). 

2 Considerations sur les corps organises, chap. x. 

3 Bonnet had the courage of his opinions, and in the Palingenesie 
philosophique, part vi. chap, iv., he develops a hypothesis which he 
terms " evolution naturelle "; and which, making allowance for his 
peculiar views of the nature of generation, bears no small resemblance 
to what is understood by " evolution " at the present day: — 

" Si la volonte divine a cree par un seul Acte l'Universalite des 
itres, d'ou venoient ces plantes et ces animaux dont Moyse nous 
deCrit la Production au troisieme et au cinquieme jour du renouvelle- 
ment de notre monde ? 

" Abuserois-je de la liberte de conjectures si je disois, que les 
Plantes et les Animaux qui existent aujourd'hui sont parvenus par 
une sorte devolution naturelle des Etres organises qui peuplaient ce 
premier Monde, sorti immediatement des Mains du Createur ? . . . 

" Ne supposons que trois revolutions. La Terre vient de gortir 
des Mains du Createur. Des causes pr£par£es par sa Sagesse font 
developper de toutes parts les Germes. Les Etres organises commen- 
cent a jouir de l'existence. Ils etoient probablement alors bien 
differens de ce qu'ils sont aujourd'hui. Ils l'etoient autant que 
ce premier Monde differoit de celui que nous habitons. Nous 
manquons de moyens pour juger de ces dissemblances, et peut-^tre 
que le plus habile Naturaliste qui auroit ete place dans ce premier 
Monde y auroit entierement meconnu nos Plantes et nos Animaux." 



The two parts of Bonnet's hypothesis, namely, the doctrine 
that all living things proceed from pre-existing germs, and that 
these contain, one enclosed within the other, the germs of all 
future living things, which is the hypothesis of " emboitement," 
and the doctrine that every germ contains in miniature all the 
organs of the adult,- which is the hypothesis of evolution or 
development, in the primary senses of these words, must be 
carefully distinguished. In fact, while holding firmly by the 
former, Bonnet more or less modified the latter in his later 
writings, and, at length, he admits that a " germ " need not be 
an actual miniature of the organism, but that it may be 
merely an " original preformation " capable of producing the 
latter. 4 

But, thus defined, the germ is neither more nor less than the 
"particula genitalis" of Aristotle, or the "primordium vegetale" 
or " ovum " of Harvey; and the " evolution " of such a germ 
would not be distinguishable from " epigenesis." 

Supported by the great authority of Haller, the doctrine of 
evolution, or development, prevailed throughout the whole 
of the 1 8th century, and Cuvier appears to have substantially 
adopted Bonnet's later views, though probably he would not 
have gone all lengths in the direction of "emboitement." In 
a well-known note to Charles Leopold Laurillard's £loge, prefixed 
to the last edition of the Ossemens fossiles, the " radical de l'Stre " 
is much the same thing as Aristotle's " particula genitalis " and 
Harvey's " ovum." 6 

Bonnet's eminent contemporary, Buffon, held nearly the same 
views with respect to the nature of the germ, and expresses them 
even more confidently. 

" Ceux qui ont cru que le cceur £toit le premier forme, se ! sont 
trompes; ceux qui disent que c'est le sang se trompent aussi: tout 
est forme en mime temps. Si Ton ne consulte que 1'observarion, le 
poulet se voit dans Toeuf avant qu'il ait 6te couve." 6 

" J'ai ouvert une grande quantite d'oeufs k differens temps avant 
et apres 1'incubation, et je me suis convaincu par mes yeux que le 
poulet existe en entier dans le milieu de la cicatrule au moment 
qu'il sort du corps de la poule." 7 

The " moule interieur " of Buffon is the aggregate of ele- 
mentary parts which constitute the individual, and is thus the 
equivalent of Bonnet's germ, 8 as defined in the passage cited 
above. But Buffon further imagined that innumerable " mol6- 
cules organiques " are dispersed' throughout the world, and that 
alimentation consists in the appropriation by the parts of an 
organism of those molecules which are analogous to them. 
Growth, therefore, was, on this hypothesis, partly a process 
of simple evolution, and partly of what has been termed syn- 
genesis. Buffon's opinion is, in fact, a sort of combination of 
views, essentially similar to those of Bonnet, with others, some- 
what similar to those of the " Medici " whom Harvey condemns. 
The " molecules organiques " are physical equivalents of Leib- 
nitz's " monads." 

It is a striking example of the difficulty of getting people 
to use their own powers of investigation accurately, that this 
form of the doctrine of evolution should have held its ground 
so long; for it was thoroughly and completely exploded, not 
long after its enunciation, by Caspar Frederick Wolff, who in his 
Theoria generationis, published in 1759, placed the opposite 
theory of epigenesis upon the secure foundation of fact, from 
which it has never been displaced. But Wolff had no immediate 

4 " Ce mot (germe) ne designera pas seulement un corps organise 
reduit en petit; il designera encore toute espece de preformation 
originelle dont un Tout organique peut resulter comme de son principe 
immediat." — Palingenesie philosophique, part. x. chap. ii. 

6 " M. Cuvier considerant que tous les toes organises sont derives 
de parens, et ne voyant dans la nature aucune force capable de 
produire l'organisation, croyait k la pre-existence des germes; non 
pas a la pre-existence d'un Stre tout forme, puisqu'il est bien evident 
que ce n'est que par des developpemens successifs que l'Stre acquiert 
sa forme; mais, si Ton peut s'exprimer ainsi, k la pre-existence du 
radical de I'etre, radical qui existe avant que la serie des evolutions 
ne commence, et qui remonte certainement, suivant la belle observa- 
tion de Bonnet, k plusieurs generations." — Laurillard, tloge de 
Cuvier, note 12. 

6 Hisioire naturelle, torn. ii. ed. ii. (1750), p. 350. 

7 Ibid. p. 351. 6 See particularly Buffon, I.e. p. 4.1. 



HISTORY] 



EVOLUTION 



3i 



successors. The school of Cuvier was lamentably deficient in 
embryologists; and it was only in the course of the first thirty 
years of the 19th century that Prevost and Dumas in France, 
and, later on, Dbllinger, Pander, von Bar, Rathke, and Remak 
in Germany, founded modern embryology; and, at the same 
time, proved the utter incompatibility of the hypothesis of 
evolution as formulated by Bonnet and Haller with easily 
demonstrable facts. 

Nevertheless, though the conceptions originally denoted 
by " evolution " and ■' development " were shown to be unten- 
able, the words retained their application to the process by which 
the embryos of living beings gradually make their appearance; 
and the terms" development," " Entwickelung,"and " evolutio " 
are now indiscriminately used for the series of genetic changes 
exhibited by living beings, by writers who would emphatically 
deny that " development " or " Entwickelung " or " evolutio," 
in the sense in which these words were usually employed by 
Bonnet or Haller, ever occurs. 

Evolution, or development, is, in fact, at present employed 
in biology as a general name for the history of the steps by 
which any living being has acquired the morphological and the 
physiological characters which distinguish it. As civil history 
may be divided into biography, which is the history of individuals, 
and universal history, which is the history of the human race, 
so evolution falls naturally into two categories — the evolution 
of the individual (see Embryology) and the evolution of the 
sum of living beings. 

The Evolution of the Sum of Living Beings. — The notion that 
all the kinds of animals and plants may have come into existence 
by the growth and modification of primordial germs is as old 
as speculative thought; but the modern scientific form of the 
doctrine can be traced historically to the influence of several 
converging lines of philosophical speculation and of physical 
observation, none of which go further back than the 17th century. 
These are: — 

1. The enunciation by Descartes of the conception that the 
physical universe, whether living or not living, is a mechanism, 
and that, as such, it is explicable on physical principles. 

2. The observation of the gradations of structure, from 
extreme simplicity to very great complexity, presented by 
living things, and of the relation of these graduated forms to 
one another. 

3. The observation of the existence of an analogy between 
the series of gradations presented by the species which compose 
any great group of animals or plants, and the series of embryonic 
conditions of the highest members of that group. 

4. The observation that large groups of species of widely 
different habits present the same fundamental plan of structure; 
and that parts of the same animal or plant, the functions of which 
are very different, likewise exhibit modifications of a common 
plan. 

5. The observation of the existence of structures, in a rudi- 
mentary and apparently useless condition, in one species of a 
group, which are fully developed and have definite functions 
in other species of the same group. 

6. The observation of the effects of varying conditions in 
modifying living organisms. 

7. The observation of the facts of geographical distribution. 

8. The observation of the facts of the geological succession 
of the forms of life. 

1. Notwithstanding the elaborate disguise which fear of 
the powers that were led Descartes to throw over his real opinions, 
it is impossible to read the Principes de la philosophic without 
acquiring the conviction that this great philosopher held that the 
physical world and all things in it, whether living or not living, 
have originated by a process of evolution, due to the continuous 
operation of purely physical causes, out of a primitive relatively 
formless matter. 1 

1 As Buffon has well said: — " L'idee de ramener l'explication de 
tous les phenomenes a des principes mecaniques est assurement 
grande et belle,ce pas est le plus hardi qu'on peut faire en philosophie, 
et c'est Descartes qui l'a fait." — I.e. p. 50. 



The following passage is especially instructive: — 

" Et tant s'en faut que je veuille que Ton croie toutes les choses 
que j'ecrirai, que mime je pretends en proposer ici quelques-unes 
que je crois absolument itre fausses; & savoir, je ne doute point 
que le monde n'ait ete cree au commencement avec autant de per- 
fection qu'il en a; en sorte que le soleil, la terre, la lune, et les 
etoiles ont ete des lors; et que la terre n'a pas eu seulement en soi 
les semences des plantes, mais que les plantes meme en ont couvert 
une partie; et qu'Adam et Eve n'ont pas ete crees enfans mais en 
&ge d'hommes parfaits. La religion chretienne veut que nous le 
croyons ainsi, et la raison naturelle nous persuade entierement cette 
verite; car si nous considerons la toute puissance de Dieu, nous 
devons juger que tout ce qu'il a fait a eu des le commencement 
toute la perfection qu'il devoit avoir. Mais neanmoins, comme on 
connoitroit beaucoup mieux quelle a ete la nature d'Adam et celle 
des arbres de Paradis si on avoit examine comment les enfants se 
forment peu a peu dans le ventre de leurs meres et comment les 
plantes sortent de leurs semences, que si on avoit seulement considere 
quels ils ont ete quand Dieu les a crees : tout de mime., nous ferons 
mieux entendre quelle est generalement la nature de toutes les 
choses qui sont au monde si nous pouvons imaginer quelques prin- 
cipes qui soient fort intelligibles et fort simples, desquels nous 
puissions voir clairement que les astres et la terre et enfin tout ce 
monde visible auroit pu e"tre produit ainsi que de quelques semences 
(bien que nous sachions qu'il n'a pas ete produit en cette facon) 
que si nous la decrivions seulement comme il est, ou bien comme 
nous croyons qu'il a ete cree. Et parceque je pense avoir trouve des 
principes qui sont tels, je tacherai ici de les expliquer." 2 

If we read between the lines of this singular exhibition of 
force of one kind and weakness of another, it is clear that 
Descartes believed that he had divined the mode in which the 
physical universe had been evolved; and the Traiti de Vhomme 
and the essay Sur les passions afford abundant additional 
evidence that he sought for, and thought he had found, an 
explanation of the phenomena of physical life by deduction 
from purely physical laws. 

Spinoza abounds in the same sense, and is as usual perfectly 
candid — 

" Naturae leges et regulae, secundum quas omnia fiunt et ex unis 
formis in alias mutantur, sunt ubique et semper eadem." s 

Leibnitz's doctrine of continuity necessarily led him in the 
same direction; and, of the infinite multitude of monads with 
which he peopled the world, each is supposed to be the focus of 
an endless process of evolution and involution. In the Protogaea, 
xxvi., Leibnitz distinctly suggests the mutability of species — 

" Alii mirantur in saxis passim species videri quas vel in orbe 
cognito, vel saltern in vicinis locis frustra quaeras. Ita Cornua 
Ammonis, quae ex nautilorum numero habeantur, passim et forma 
et magnitudine (nam et pedali diametro aliquando reperiuntur) 
ab omnibus illis naturis discrepare dicunt, quas praebet mare. Sed 
quis absconditos ejus recessus aut subterraneas abyssos pervesti- 
gavit ? quam multa nobis animalia antea ignota offert novus orbis ? 
Et credibile est per magnas illas conversiones etiam animalium 
species plurifnum immutatas." 

Thus in the end of the 17th century the seed was sown which 
has at intervals brought forth recurrent crops of evolutional 
hypotheses, based, more or less completely, on general reasonings. 

Among the earliest of these speculations is that put forward 
by Benoit de Maillet in his Telliamed, which, though printed in 
1 735, was not published until twenty-three years later. Con- 
sidering that this book was written before the time of Haller, 
or Bonnet, or Linnaeus, or Hutton, it surely deserves more 
respectful consideration than it usually receives. For De 
Maillet not only has a definite conception of the plasticity of 
living things, and of the production of existing species by the 
modification of their predecessors, but he clearly apprehends 
the cardinal maxim of modern geological science, that the 
explanation of the structure of the globe is to be sought in the 
deductive application to geological phenomena of the principles 
established inductively by the study of the present course of 
nature. Somewhat later, P. L. M. de Maupertuis 4 suggested 
a curious hypothesis as to the causes of variation, which he 
thinks may be sufficient to account for the origin of all animals 

2 Principes de la philosophie, Troisierne partie, § 45. 

3 Ethices, Pars tertia, Praefatio. 

4 Sysleme de la Nature. Essai sur la formation des corps organises, 
1 75 1, xiv. 



32 



EVOLUTION 



{HISTORY 



from a single pair.. Jean Baptiste Ren6 Robinet 1 followed out 
much the same line of thought as De Maillet, but less soberly; 
and Bonnet's speculations in the Palingenisie, which appeared 
in 1769, have already been mentioned. Buffon (1753-1778), 
at first a partisan of the absolute immutability of species, subse- 
quently appears to have believed that larger or smaller groups 
of species have been produced by the modification of a primitive 
stock; but he contributed nothing to the general doctrine of 
evolution. 

Erasmus Darwin (Zoonomia, 1794), though a zealous evolu- 
tionist, can hardly be said to have made any real advance on his 
predecessors; and, notwithstanding the fact that Goethe had 
the advantage of a wide knowledge of morphological facts, and 
a true insight into their signification, while he threw all the 
power of a great poet into the expression of his conceptions, it 
may be questioned whether he supplied the doctrine of evolution 
with a firmer scientific basis than it already possessed. Moreover, 
whatever the value of Goethe's labours in that field, they were 
not published before 1820, long after evolutionism had taken 
a new departure from the works of Treviranus and Lamarck — 
the first of its advocates who were equipped for their task with 
the needful large and accurate knowledge of the phenomena 
of life as a whole. It is remarkable that each of these writers 
seems to have been led, independently and contemporaneously, 
to invent the same name of " biology " for the science of the 
phenomena of life; and thus, following Buffon, to have recog- 
nized the essential unity of these phenomena, and their contra- 
distinction from those of inanimate nature. And it is hard to 
say whether Lamarck or Treviranus has the priority in pro- 
pounding the main thesis of the doctrine of evolution; for 
though the first volume of Treviranus's Biologie appeared only 
in 1802, he says, in the preface to his later work, the Erschei- 
nungen und Gesetze des organiscken Lebens, dated 183 1, that he 
wrote the first volume of the Biologie " nearly five-and-thirty 
years ago," or about 1796. 

Now, in 1794, there is evidence that Lamarck held doctrines 
which present a striking contrast to those which are to be 
found in the Philosophic zoologique, as the following passages 
show:— 

" 685. Quoique mon unique objet dans cet article n'ait 6te que 
de traiter de la cause physique de l'entretien de la vie des §tres 
organiques, raalgre cela j'ai ose avancer en debutant, que l'existence 
de ces Itres etonnants n'appartiennent nullement a la nature; que 
tout ce qu'on peut entendre par le mot nature, ne pouvoit donner 
la vie, c'est-a-dire, que toutes les qualites de la matiere, jointes a 
toutes les circonstances possibles, et m§me a l'activite repandue 
dans l'univers, ne pouvaient point produire un 6tre muni du mouve- 
ment organique, capable de reproduire son semblable, et sujet a 
la mort. 

" 686. Tous les individus de cette nature, qui existent, proviennent 
d'individus semblables qui tous ensemble constituent l'espece 
entiere. Or, je crois qu'il est aussi impossible a l'homme de connoitre 
la cause physique du premier individu de chaque espece, que 
d'assigner aussi physiquement la cause de l'existence de la matiere ou 
de l'univers entier. C'est au moins ce que le resultat de mes con- 
naissances et de mes reflexions me portent a penser. S'il existe 
beaucoup de varietes produites par l'effet des circonstances, ces 
varietes ne denaturent point les especes; mais on se trompe, sans 
doute souvent, en indiquant comme espece, ce qui n'est que variete; 
et alors je sens que cette erreur peut tirer a consequence dans les 
raisonnements que Ton fait sur cette matiere." 2 

The first three volumes of Treviranus's Biologie, which contains 
his general views of evolution, appeared between 1802 and 1805. 
The Recherches sur I' organisation des corps vivants, which sketches 
out Lamarck's doctrines, was published in 1802; but the full 
development of his views in the Philosophic zoologique did not 
take place until 1809. 

1 Considerations philosophiques sur la gradation naturelle des 
formes de Vitre; ou les essais de la nature qui apprend & faire l'homme 
(1768). 

2 Recherches sur les causes des principaux fails physiques, par J. B. 
Lamarck. Paris. Secondeanneedela Republique. In the preface, 
Lamarck says that the work was written in 1776, and presented to 
the Academy in 1780; but it was not published before 1794, and at 
that time it presumably expressed Lamarck's mature views. It 
would be interesting to know what brought about the change of 
opinion manifested in the Recherches sur I' organisation des corps 
vtvants, published only seven years later. 



The Biologie and the Philosophie zoelogique are both very 
remarkable productions, and are still worthy of attentive study, 
but they fell upon evil times. The vast authority of Cuvier 
was employed in support of the traditionally respectable hypo- 
theses of special creation and of catastrophism; and the wild 
speculations of the Discours sur les revolutions de la surface du 
globe were held to be models of sound scientific thinking, while 
the really much more sober and philosophical hypotheses of 
the Hydrogiologie were scouted. For many years it was the 
fashion to speak of Lamarck with ridicule, while Treviranus was 
altogether ignored. 

Nevertheless, the work had been done. The conception of 
evolution was henceforward irrespressible, and it incessantly 
reappears, in one shape or another, 3 up to the year 1858, when 
Charles Darwin and A. R. Wallace published their Theory of 
Natural Selection. The Origin of Species appeared in 1859; 
and thenceforward the doctrine of evolution assumed a position 
and acquired an importance which it never before possessed. In 
the Origin of Species, and in his other numerous and important 
contributions to the solution of the problem of biological 
evolution, Darwin confined himself to the discussion of the 
causes which have brought about the present condition of living 
matter, assuming such matter to have once come into existence. 
On the other hand, Spenctr 4 and E. Haeckel 5 dealt with 
the whole problem of evolution. The profound and vigorous 
writings of Spencer embody the spirit of Descartes in the know- 
ledge of our own day, and may be regarded as the Principes 
de la philosophie of the 19th century; while, whatever hesita- 
tion may not unfrequently be felt by less daring minds in 
following Haeckel in many of his speculations, his attempt 
to systematize the doctrine of evolution and to exhibit its 
influence as the central thought of modern biology, cannot fail 
to have a far-reaching influence on the progress of science. 

If we seek for the reason of the difference between the scientific 
position of the doctrine of evolution in the days of Lamarck 
and that which it occupies now, we shall find it in the great 
accumulation of facts, the several classes of which have been 
enumerated above, under the second to the eighth heads. For 
those which are grouped under the second to the seventh of these 
classes, respectively, have a clear significance on the hypothesis 
of evolution, while they are unintelligible if that hypothesis 
be denied. And those of the eighth group are not only unin- 
intelligible without the assumption of evolution, but can be 
proved never to be discordant with that hypothesis, while, in 
some cases, they are exactly such as the hypothesis requires. 
The demonstration of these assertions would require a volume, 
but the general nature of the evidence on which they rest may be 
briefly indicated. 

2, The accurate investigation of the lowest forms of animal 
life, commenced by Leeuwenhoek and Swammerdam, and 
continued by the remarkable labours of Reaumur, Abraham 
Trembley, Bonnet, and a host of other observers in the latter 
part of the 17 th and the first half of the 18th centuries, drew 
the attention of biologists to the gradation in the complexity 
of organization which is presented by living beings, and culminated 
in the doctrine of the echelle des Ures, so powerfully and clearly 
stated by Bonnet, and, before him, adumbrated by Locke and 
by Leibnitz. In the then state of knowledge, it appeared that 
all the species of animals and plants could be arranged in one 
series, in such a manner that, by insensible gradations, the 
mineral passed into the plant, the plant into the polype, the 
polype into the worm, and so, through gradually higher forms 
of life, to man, at the summit of the animated world. 

But, as knowledge advanced, this conception ceased to be 
tenable in the crude form in which it was first put forward. 
Taking into account existing animals and plants alone, it became 
obvious that they fell into groups which were more or less 
sharply separated from one another; and, moreover, that even 

3 See the " Historical Sketch " prefixed to the last edition of the 
Origin of Species. 

4 First Principles and Principles of Biology (1860-1864). 
6 Generelle Morphologie (1866). 



HISTORY] 



EVOLUTION 



33 



the species of a genus can hardly ever be arranged in linear 
series. Their natural resemblances and differences are only 
to be expressed by disposing them as if they were branches 
springing from a common hypothetical centre. 

Lamarck, while affirming the verbal proposition that animals 
form a single series, was forced by his vast acquaintance with 
the details of zoology to limit the assertion to such a series as 
may be formed out of the abstractions constituted by the 
common characters of each group. 1 

Cuvier on anatomical, and Von Baer on embryological grounds, 
made the further step of proving that, even in this limited sense, 
animals cannot be arranged in a single series, but that there are 
several distinct plans of organization to be observed among 
them, no one of which, in its highest and most complicated 
modification, leads to any of the others. 

The conclusions enunciated by Cuvier and Von Baer have been 
confirmed in principle by all subsequent research into the 
structure of animals and plants. But the effect of the adoption 
of these conclusions has been rather to substitute a new metaphor 
for that of Bonnet than to abolish the conception expressed by it. 
Instead of regarding living things as capable of arrangement in 
one series like the steps of a ladder, the results of modern in- 
vestigation compel us to dispose them as if they were the twigs 
and branches of a tree. The ends of the twigs represent in- 
dividuals, the smallest groups of twigs species, larger groups 
genera, and so on, until we arrive at the source of all these 
ramifications of the main branch, which is represented by a 
common plan of structure. At the present moment it is im- 
possible to draw up any definition, based on broad anatomical 
or developmental characters, by which any one of Cuvier'sgreat 
groups shall be separated from all the rest. On the contrary, 
the lower members of each tend to converge towards the lower 
members of all the others. The same may be said of the vegetable 
world. The apparently clear distinction between flowering and 
flowerless plants has been broken down by the series of grada- 
tions between the two exhibited by the Lycopodiaceae, Rhizo- 
carpeae, and Gymnospermeae, The groups of Fungi, Lichcneae 
and Algae have completely run into one another, and, when the 
lowest forms of each are alone considered, even the animal and 
vegetable kingdoms cease to have a definite frontier. 

If it is permissible to speak of the relations of living forms to 
one another metaphorically, the similitude chosen must un- 
doubtedly be that of a common root, whence two main trunks, 
one representing the vegetable and one the animal world, spring; 
and, each dividing into a few main branches, these subdivide into 
multitudes of branchlets and these into smaller groups of twigs. 

As Lamarck has well said: — 2 

" II n'y a que ceux qui se sont longtemps et fortement occupes de la 
determination des especes, et qui ont consulte de riches collections, 
qui peuvent savoir jusqu'a quel point les especes, parrai les corps 
vivants, se fondent les unes dans les autres, et qui ont pu se con- 
vaincre que, dans les parties ou nous voyons des especes isolees, cela 
n'est ainsi que parcequ'il nous en manque d'autres qui en sont plus 
voisines et que nous n'avons pas encore recueillies. 

" Je ne veux pas dire pour cela que les animaux qui existent forment 
une serie tres-simple et partout egalement nuancee; mais je dis 
qu'ils forment une serie rameuse, irregulierement graduee et qui 
n'a point de discontinuity dans ses parties, ou qui, du moins, n'en 
a toujours pas eu, s'il est vrai que, par suite de quelaues especes 
perdues, il s'en trouve quelque part. II en resulte que les especes 
qui terminent chaque rameau de la serie generale tiennent, au moins 
d'un cSte, a d'autres especes voisines qui se nuancent avec elles. 
Voila ce que l'etat bien connu des choses me met maintenant a 
portee de demontrer. Je n'ai besoin d'aucune hypothese ni d'aucune 
supposition pour cela : j'en atteste tous les naturalistes observateurs." 

3. In a remarkable essay 3 Meckel remarks: — 
" There is no good physiologist who has not been struck by the 
observation that the original form of all organisms is one and the 

1 " II s'agit done de prouver que la serie qui constitute l'echelle 
animate reside essentiellement dans la distribution des masses princi- 
pals qui la composent et non dans celle des especes ni meme toujours 
oans celle des genres." — Phil, zoologique, chap. v. 

2 Philosophie zoologique, premiere partie, chap. iii. 

3 " Entwurf einer Darstellung der zwischen dem Embryozustande 
der hoheren Thiere und dem per mancnten der niederen stattfindenden 
Parallele," Beytrdge zur vergleichenden Anatomie, Bd. ii. 181 1. 



same, and that out of this one form, all, the lowest as well as the 
highest, are developed in such a manner that the latter pass through 
the permanent forms of the former as transitory stages. Aristotle, 
Haller, Harvey, Kielmeyer, Autenrieth, and many others have 
either made this observation incidentally, or, especially the latter, 
have drawn particular attention to it, and drawn therefrom results 
of permanent importance for physiology." 

Meckel proceeds to exemplify the thesis, that the lower forms 
of animals represent stages in the course of the development 
of the higher, with a large series of illustrations. 

After comparing the salamanders and the perenni-branchiate 
Urodela with the tadpoles and the frogs, and enunciating the 
law that the more highly any animal is organized the more 
quickly does it pass through the lower stages, Meckel goes on to 
say: — ■ 

" From these lowest Vertebrata to the highest, and to the highest 
forms among these, the comparison between the embryonic Condi- 
tions of the higher animals and the adult states of the lower can 
be more completely and thoroughly instituted than if the survey is 
extended to the Invertebrata, inasmuch as the latter are in many 
respects constructed upon an altogether too dissimilar type ; indeed 
they often differ from one another Tar more than the lowest vertebrate 
does from the highest mammal; yet the following pages will show 
that the comparison may be also extended to them with interest. 
In fact, there is a period when, as Aristotle long ago said, the embryo 
of the highest animal has the form of a mere worm, and, devoid of 
internal and external organization, is merely an almost structureless 
lump of polype-substance. Notwithstanding the origin of organs, it 
still for a certain time, by reason of it's want of an internal bony 
skeleton, remains worm and mollusk, and only later enters into the 
series of the Vertebrata, although traces of the vertebral column 
even in the earliest periods testify its claim to a place in that series. " — 
Op. cil. pp. 4, 5. 

If Meckel's proposition is so far qualified, that the comparison 
of adult with embryonic forms is restricted within the limits of 
one type of organization; and if it is further recollected, that 
the resemblance between the permanent lower form and the 
embryonic stage of a higher form is not special but general, it 
is in entire accordance with modern embryology; although there 
is no branch of biology which has grown so largely, and improved 
its methods so much since Meckel's time, as this. In its original 
form, the doctrine of " arrest of development," as advocated by 
Geoffroy Saint-Hilaire and Serres, was no doubt an over-state- 
ment of the case. It is not true, for example, that a fish is a 
reptile arrested in its development, or that a reptile was ever a 
fish; but it is true that the reptile embryo, at one stage of its 
development, is an organism which, if it had an independent 
existence, must be classified among fishes; and all the organs 
of the reptile pass, in the course of their development, through 
conditions which are closely analogous to those which are 
permanent in some fishes. 

4. That branch of biology which is termed morphology is a 
commentary upon, and expansion of, the proposition that widely 
different animals or plants, and widely different parts of animals 
or plants, are constructed upon the same plan. From the rough 
comparison of the skeleton of a bird with that of a man by 
Pierre Delon, in the 16th century (to go no further back), down 
to the theory of the limbs and the theory of the skull at the 
present day; or, from the first demonstration of the homologies 
of the parts of a flower by C. F. Wolff, to the present elaborate 
analysis of the floral organs, morphology exhibits a continual 
advance towards the demonstration of a fundamental unity 
among the seeming diversities of living structures. And this 
demonstration has been completed by the final establishment of 
the cell theory (see Cytology), which involves the admission of a 
primitive conformity, not only of all the elementary structures 
in animals and plants respectively, but of those in the one of 
these great divisions of living things with those in the other. 
No a priori difficulty can be said to stand in the way of evolution, 
when it can be shown that all animals and all plants proceed by 
modes of development, which are similar in principle, from a 
fundamental protoplasmic material. 

5. The innumerable cases of structures, which are rudimentary 
and apparently useless, in species, the close allies of which 
possess well-developed and functionally important homologous 

n 



34 



EVOLUTION 



[ONTOGENY 



structures, are readily intelligible on the theory of evolution, 
while it is hard to conceive their raison d'Ure on any other 
hypothesis. However, a cautious reasoner will probably rather 
explain such cases deductively from the doctrine of evolution 
than endeavour to support the doctrine of evolution by them. 
For it is almost impossible to prove that any structure, however 
rudimentary, is useless — that is to say, that it plays no part 
whatever, in the economy; and, if it is in the slightest degree 
useful, there is no reason why, on the hypothesis of direct 
creation, it should not have been created. Nevertheless; double- 
edged as is the argument from rudimentary organs, there is 
probably none which has produced a greater effect in promoting 
the general acceptance of the theory of evolution. 

6. The older advocates of evolution sought for the causes of 
the process exclusively in the influence of varying conditions, 
such as climate and station, or hybridization, upon living forms. 
Even Treviranus has got no further than this point. Lamarck 
introduced the conception of the action of an animal on itself 
as a factor in producing modification. Starting from the well- 
known fact that the habitual use of a limb tends to develop the 
muscles of the limb, and to produce a greater and greater facility 
in using it, he made the general assumption that the effort of 
an animal to exert an organ in a given direction tends to develop 
the organ in that direction. But a little consideration showed 
that, though Lamarck had seized what, as far as it goes, is a true 
cause of modification, it is a cause the actual effects of which 
are wholly inadequate to account for any considerable modifica- 
tion in animals, and which can have no influence at all in the 
vegetable world; and probably nothing contributed so much 
to discredit evolution, in the early part of the ioth century, as 
the floods of easy ridicule which ' were poured upon this part 
of Lamarck's speculation. The theory of natural selection, or 
survival of the fittest, was suggested by William Charles Wells 
in 1 8 13, and further elaborated by Patrick Matthew in 183 1. 
But the pregnant suggestions of these writers remained practically 
unnoticed and forgotten, until the theory was independently 
devised and promulgated by Charles Robert Darwin and Alfred 
Russell Wallace in 1858, and the effect of its publication was 
immediate and profound. 

Those who were unwilling to accept evolution, without 
better grounds than such as are offered by Lamarck, and who 
therefore preferred to suspend their judgment on the question, 
found in the principle of selective breeding, pursued in all its 
applications with marvellous knowledge and skill by Darwin, 
a valid explanation of the occurrence of varieties and races; 
and they saw clearly that, if the explanation would apply to 
species, it would not only solve the problem of their evolution, 
but that it would account for the facts of teleology, as well as 
for those of morphology; and for the persistence of some forms 
of life unchanged through long epochs of time, while others 
undergo comparatively rapid metamorphosis. 

How far " natural selection " suffices for the production of 
species remains to be seen. Few can doubt that, if not the 
whole cause, it is a very important factor in that operation; 
and that it must play a great part in the sorting out of varieties 
into those which are transitory and those which are permanent. 

But the causes and conditions of variation have yet to be 
thoroughly explored; and the importance of natural selection 
will not be impaired, even if further inquiries should prove 
that variability is definite, and is determined in certain directions 
rather than in others, by conditions inherent in that which varies. 
It is quite conceivable that every species tends to produce 
varieties of a limited number and kind, and that the effect of 
natural selection is to favour the development of some of these, 
while it opposes the development of others along their pre- 
determined lines of modification. 

7. No truths brought to light by biological investigation 
were better calculated to inspire distrust of the dogmas intruded 
upon science in the name of theology than those which relate 
to the distribution of animals and plants on the surface of the 
earth. Very skilful accommodation was needful, if the limitation 
of sloths to South America, and of the Ornithorhynchus to 



Australia, was to be reconciled with the literal interpretation 
of the history of the Deluge; and, with the establishment of 
the existence of distinct provinces of distribution, any serious 
belief in the peopling of the world by migration from Mount 
Ararat came to an end. 

Under these circumstances, only one alternative was left for 
those who denied the occurrence of evolution; namely, the 
supposition that the characteristic animals and plants of each 
great province were created, as such, within the limits in which, 
we find them. And as the hypothesis of " specific centres," 
thus formulated, was heterodox from the theological point oi 
view, and unintelligible under its scientific aspect, it may be 
passed over without further notice, as a phase of transition from 
the creational to the evolutional hypothesis. 

8. In fact, the strongest and most conclusive arguments in 
favour of evolution are those which are based upon the facts 
of geographical, taken in conjunction with those of geological, 
distribution. 

Both Darwin and Wallace lay great stress on the close relation 
which obtains between the existing fauna of any region and that 
of the immediately antecedent geological epoch in the same 
region; and rightly, for it is in truth inconceivable that there 
should be no genetic connexion between the two. It is possible 
to put into words the proposition, that all the animals and plants 
of each geological epoch were annihilated, and that a new set 
of very similar forms was created for the next epoch, but it 
may be doubted if any one who ever tried to form a distinct 
mental image of this process of spontaneous generation on the 
grandest scale ever really succeeded in realizing it. 

In later years the attention of the best palaeontologists has 
been withdrawn from the hodman's work of making " new 
species " of fossils, to the scientific task of completing our 
knowledge of individual species, and tracing out the succession 
of the forms presented by any given type in time. 

Evolution at the Beginning of the 20th century. — Since Huxley 
and Sully wrote their masterly essays in the oth edition of this 
encyclopaedia, the doctrine of evolution has outgrown the 
trammels of controversy and has been accepted as a fundamental 
principle. Writers on biological subjects no longer have to waste 
space in weighing evolution against this or that philosophical 
theory or religious tradition; philosophical writers have frankly 
accepted it, and the supporters of religious tradition have made 
broad their phylacteries to write on them the new words. A 
closer scrutiny of the writers of all ages who preceded Charles 
Darwin, and, in particular, the light thrown back from Darwin 
on the earlier writings of Herbert Spencer, have made plain 
that without Darwin the world by this time might have come 
to a general acceptance of evolution; but it seems established 
as a historical fact that the world has come to accept evolution, 
first, because of Darwin's theory of natural selection, and second, 
because of Darwin's exposition of the evidence for the actual 
occurrence of organic evolution. The evidence as set out by 
Darwin has been added to enormously; new knowledge has in 
many cases altered our conceptions of the mode of the actual 
process of evolution, and from time to time a varying stress has 
been laid on what are known as the purely Darwinian factors 
in the theory. The balance of these tendencies has been against 
the attachment of great importance to sexual selection, and in 
favour of attaching a great importance to natural selection; 
but the dominant feature in the recent history of the theory 
has been its universal acceptance and the recognition that this 
general acceptance has come from the stimulus given by Darwin. 

A change has taken place in the use of the word evolution. 
Huxley, following historical custom, devoted one section of his 
article to the " Evolution of the Individual." The 
facts and theories respecting this are now discussed 
under such headings as Embryology; Heredity; Variation 
and Selection; under these headings must be sought informa- 
tion on the important recent modifications with regard to the 
theory of the relation between the development of the individual 
and the development of the race, the part played by the environ- 
ment on the individual, and the modern developments of the 



Ontogeny. 



PHYLOGENY] 



EVOLUTION 



35 



old quarrel between evolution and epigenesis. The most striking 
general change has been against seeing in the facts of ontogeny 
any direct evidence as to phylogeny. The general proposition 
as to a parallelism between individual and ancestral development 
is no doubt indisputable, but extended knowledge of the very 
different ontogenetic histories of closely allied forms has led us 
to a much fuller conception of the mode in which stages in 
embryonic and larval history have been modified in relation 
to their surroundings, and to a consequent reluctance to attach 
detailed importance to the embryological argument for evolution. 

The vast bulk of botanical and zoological work on living and 
extinct forms published during the last quarter of the ioth 
_. . century increased almost beyond all expectation the 

' evidence for the fact of evolution. The discovery of 
a single fossil creature in a geological stratum of a wrong period, 
the detection of a single anatomical or physiological fact irrecon- 
cilable with origin by descent with modification, would have been 
destructive of the theory and would have made the reputation 
of the observer. But in the prodigious number of supporting 
discoveries that have been made no single negative factor has 
appeared, and the evolution from their predecessors of the 
forms of life existing now or at any other period must be taken 
as proved. It is necessary to notice, however, that although 
the general course of the stream of life is certain, there is not the 
same certainty as to the actual individual pedigrees of the 
existing forms. In the attempts to place existing creatures in 
approximately phylogenetic order, a striking change, due to a 
more logical consideration of the process of evolution, has become 
established and is already resolving many of the earlier difficulties 
and banishing from the more recent tables the numerous hypo- 
thetical intermediate forms so familiar in the older phylogenetic 
trees. The older method was to attempt the comparison between 
the highest member of a lower group and the lowest member of 
a higher group — to suppose, for example, that the gorilla and the 
chimpanzee, the highest members of the apes, were the existing 
representatives of the ancestors of man and to compare these 
forms with the lowest members of the human race. Such a 
comparison is necessarily illogical, as the existing apes are 
separated from the common ancestor by at least as large a number 
of generations as separate it from any of the forms of existing 
man. In the natural process of growth, the gap must necessarily 
be wider between the summits of the twigs than lower down, 
and, instead of imagining " missing links," it is necessary to 
trace each separate branch as low down as possible, and to 
institute the comparisons between the lowest points that can be 
reached. The method is simply the logical result of the fact 
that every existing form of life stands at the summit of a long 
branch of the whole tree of life. A due consideration of it leads to 
the curious paradox that if any two animals be compared, the 
zoologically lower will be separated froni the common ancestor 
by a larger number of generations, since, on the average, sexual 
maturity is reached more quickly by the lower form. Naturally 
very many other factors have to be considered, but this alone is 
a sufficient reason to restrain attempts to place existing forms 
in linear phylogenetic series. In embryology the method finds 
its expression in the limitation of comparisons to the correspond- 
ing stages of low and high forms and the exclusion of the com- 
parisons between the adult stages of low forms and the embryonic 
stages of higher forms. Another expression of the same method, 
due to Cope, and specially valuable to the taxonomist, is 
that when the relationship between orders is being considered, 
characters of subordinal rank must be neglected. It must not 
be supposed that earlier writers all neglected this method, or 
still less that all writers now employ it, but merely that formerly 
it was frequently overlooked by the best writers, and now is 
neglected only by the worst. The result is, on the one hand, 
a clearing away of much fantastic phylogeny, on the other, 
an enormous reduction of the supposed gaps between groups. 

There has been a renewed activity in the study of existing 
forms from the point of view of obtaining evidence as to the 
nature and origin of species. Comparative anatomists have been 
learning to refrain from basing the diagnosis of a species, or the 



description of the condition of an organ, on the evidence of a 
single specimen. Naturalists who deal specially with museum 
collections have been compelled, it is true, for other 
reasons to attach an increasing importance to what is c ompara- 
called the type specimen, but they find that this insist- tomy. 
ence on the individual, although invaluable from the 
point of view of recording species, is unsatisfactory from the point 
of view of scientific zoology; and propositions for the ameliora- 
tion of this condition of affairs range from a refusal of Linnaean 
nomenclature in such cases, to the institution of a division 
between master species for such species as have been properly 
revised by the comparative morphologist, and provisional species 
for such species as have been provisionally registered by those 
working at collections. Those who work with living forms of 
which it is possible to obtain a large number of specimens, and 
those who make revisions of the provisional species of palaeonto- 
logists, are slowly coming to some such conception as that a 
species is the abstract central point around which a group of 
variations oscillate, and that the peripheral oscillations of one 
species may even overlap those of an allied species. It is plain 
that we have moved far from the connotation and denotation 
of the word species at the time when Darwin began to discuss the 
origin of species, and that the movement, on the one hand, tends 
to simplify the problem philosophically, and, on the other, to 
make it difficult for the amateur theorist. 

The conception of evolution is being applied more rigidly to 
the comparative anatomy of organs and systems of organs. 
When a series of the modifications of an anatomical structure 
has been sufficiently examined, it is frequently possible to decide 
that one particular condition is primitive, ancestral or central, 
and that the other conditions have been derived from it. Such 
a condition has been termed, with regard to the group of animals 
or plants the organs of which are being studied, archecentric. 
The possession of the character in the archecentric condition 
in (say) two of the members of the group does not indicate that 
these two members are more nearly related to one another 
than they are to other members of the group; the archecentric 
condition is part of the common heritage of all the members of 
the group, and may be retained by any. On the other hand, 
when the ancestral condition is modified, it may be regarded 
as having moved outwards along some radius from the arche- 
centric condition. Such modified conditions have been termed 
apocentric. It is obvious that the mere apocentricity of a char- 
acter can be no guide to the affinities of its possessor. It is 
necessary to determine if the modification be a simple change 
that might have occurred in independent cases, in fact if it 
be a multiradial apocentricity, or if it involved intricate and 
precisely combined anatomical changes that we could not expect 
to occur twice independently; that is to say, if it be a uniradial 
apocentricity. Multiradial apocentricities lie at the root of 
many of the phenomena that have been grouped under the 
designation . convergence. Especially in the case of manifest 
adaptations, organs possessed by creatures far apart genealogic- 
ally may be moulded into conditions that are extremely alike. 
Sir E. Ray Lankester's term, homoplasy, has passed into currency 
as designating such cases where different genetic material has 
been pressed by similar conditions into similar moulds. These 
may be called heterogeneous homoplasies, but it is necessary 
to recognize the existence of homogeneous homoplasies, 
here called multiradial apocentricities. A complex apocentric 
modification of a kind which we cannot imagine to have 
been repeated independently, and which is to be designated as 
uniradial, frequently forms a new centre around which new 
diverging modifications are produced. With reference to any 
particular group of forms such a new centre of modification 
may be termed a metacentre, and it is plain that the archecentre 
of the whole group is a metacentre of the larger group of which 
the group under consideration is a branch. Thus, for instance, 
the archecentric condition of any Avian structure is a meta- 
centre of the Sauropsidan stem. A form of apocentricity 
extremely common and often perplexing may be termed pseudo- 
centric; in such a condition there is an apparent simplicity that 



36 



EVOLUTION 



[BIONOMICS 



reveals its secondary nature by some small and apparently 
meaningless complexity. 

Another group of investigations that seems to play an im- 
portant part in the future development of the theory of evolution 
relates to the study of what is known as organic 
aomics. symmetry. The differentiations of structure that char- 
acterize animals and plants are being shown to be 
orderly and definite in many respects; the relations of the 
various parts to one another and to the whole, the modes of 
repetition of parts, and the series of changes that occur in groups 
of repeated parts appear to be to a certain extent inevitable, 
to depend on the nature of the living material itself and on the 
necessary conditions of its growth. Closely allied to the study 
of symmetry is the study of the direct effect of the circumambient 
media on embryonic young and adult stages of living beings 
(see Embryology: Physiology; Heredity; and Variation 
and Selection), and a still larger number of observers have 
added to our knowledge of these. It is impossible here to give 
even a list of the names of the many observers who in recent 
times have made empirical study of the effects of growth-forces 
and of the symmetrical limitations and definitions of growth. 
It is to be noticed, however, that, even after such phenomena 
have been properly grouped and designated under Greek names 
as laws of organic growth, they have not become explanations of 
the series of facts they correlate. Their importance in the theory 
of evolution is none the less very great. In the first place, they 
lessen the number of separate facts to be explained; in the 
second, they limit the field within which explanation must be 
sought, since, for instance, if a particular mode of repetition of 
parts occur in mosses, in flowering-plants, in beetles and in 
elephants, the seeker of ultimate explanations may exclude 
from the field of his inquiry all the conditions individual to 
these different organic forms, and confine himself only to what 
is common to all of them; that is to say, practically only 
the living material and its environment. The prosecution 
of such inquiries is beginning to make unnecessary much in- 
genious speculation of a kind that was prominent from 1880 
to 1900; much futile effort has been wasted in the endeavour 
to find on Darwinian principles special " selection-values " for 
phenomena the universality of which places them outside the 
possibility of having relations with the particular conditions 
of particular organisms. On the other band, many of those 
who have been specially successful in grouping diverse pheno- 
mena under empirical generalizations have erred logically in 
posing their generalizations against such a vera causa as 
the preservation of favoured individuals and races. The thirty 
years which followed the publication of the Origin of Species 
were characterized chiefly by anatomical and embryological 
work; .since then there has been no diminution in anatomical 
and embryological enthusiasm, but many of the continually 
increasing body of investigators have turned again to bionomical 
work. Inasmuch as Lamarck attempted to frame'a theory of 
evolution in which the principle of natural selection had no part, 
the interpretation placed on their work by many bicnomical 
investigators recalls the theories of Lamarck, and the name 
Neo-Lamarckism has been used of such a school of biologists, 
particularly active in America. The weakness of the Neo- 
Lamarckian view lies in its interpretation of heredity; its 
strength lies in its zealous study of the living world and the 
detection therein of proximate empirical laws, a strength shared 
by very many bionomical investigations, the authors of which 
would prefer to call themselves Darwinians, or to leave them- 
selves without sectarian designation. 

Statistical inquiry into the facts of life has long been employed, 
and in particular Francis Galton, within the Darwinian period, has 
advocated its employment and developed its methods. 
metrics. Within quite recent years, however, a special school 
has arisen with the main object of treating the pro- 
cesses of evolution quantitatively. Here it is right to speak of 
Karl Pearson as a pioneer of notable importance. It has been 
the habit of biologists to use the terms variation, selection, 
elimination, correlation and so forth, vaguely; the new school, 



which has been strongly reinforced from the side of physical 
science, insists on quantitative measurements of the terms. 
When the anatomist says that one race is characterized by long 
heads, another by round heads, the biometricist demands numbers 
and percentages. When an organ is stated to be variable, the 
biometricist demands statistics to show the range of the varia- 
tions and the mode of their distribution. When a character is 
said to be favoured by natural selection, the biometricist demands 
investigation of the death-rate of individuals with or without 
the character. When a character is said to be transmitted, or 
to be correlated with another character, the biometricist declares 
the statement valueless without numerical estimations of the 
inheritance or correlation. The subject is still so new, and its 
technical methods (see Variation and Selection) have as 
yet spread so little beyond the group which is formulating and 
defining them, that it is difficult to do more than guess at the 
importance of the results likely to be gained. Enough, however, 
has already been done to show the vast importance of the 
method in grouping and codifying the empirical facts of life, 
and in so preparing the way for the investigation of ultimate 
" causes." The chief pitfall appears to be the tendency to attach 
more meaning to the results than from their nature they can bear. 
The ultimate value of numerical inquiries must depend on the 
equivalence of the units on which they are based. Many of 
the characters that up to the present have' been dealt with by 
biometrical inquiry are obviously composite. The height or 
length of the arm of a human being, for instance, is the result 
of many factors, some inherent, some due to environment, and 
until these have been sifted out, numerical laws of inheritance 
or of correlation can have no more than an empirical value. 
The analysis of composite characters into their indivisible units 
and statistical inquiry into the behaviour of the units would 
seem to be a necessary part of biometric investigation, and one 
to which much further attention will have to be paid. 

It is well known that Darwin was deeply impressed by differ- 
ences in flora and fauna, which seemed to be functions of 
locality, and not the result of obvious dissimilarities of 
environment. A. R. Wallace's studies of island life, a^*" 
and the work of many different observers on local 
races of animals and plants, marine, fluviatile and terrestrial, 
have brought about a conception of segregation as apart from 
differences of environment as being one of the factors in the 
differentiation of living forms. The segregation may be geo- 
graphical, or may be the result of preferential mating, or of 
seasonal mating, and its effects plainly can be made no more of 
than proximate or empirical laws of differentiation, of great 
importance in codifying and simplifying the facts to be explained. 
The minute attention paid by modern systematists to the exact 
localities of subspecies and races is bringing together a vast 
store of facts which will throw further light on the problem 
of segregation, but the difficulty of utilizing these facts is in- 
creased by an unfortunate tendency to make locality itself one 
of the diagnostic characters. 

Consideration of phylogenetic series, especially from the 
palaeontological side, has led many writers to the conception 
that there is something of the nature of a growth-force „ . 
inherent in organisms and tending inevitably towards 
divergent evolution. It is suggested that even in the absence of 
modification produced by any possible Darwinian or Lamarckian 
factors, that even in a neutral environment, divergent evolution 
of some kind would have occurred. The conception is necessarily 
somewhat hazy, but the words bathmism and bathmic Evolution 
have been employed by a number of writers for some such 
conception. Closely connected with it, and probably under- 
lying many of the facts which have led to it, is a more definite 
group of ideas that may be brought together under the phrase 
" phylogenetic limitation of variation." In its simplest form, 
this phrase implies such an obvious fact as that whatever be the 
future development of, say, existing cockroaches, it will be on 
lines determined by the present structure of these creatures. 
In a more general way, the phrase implies that at each successive 
branching of the tree of life, the branches become more specialized, 



EVORA— EVREUX 



37 



more defined, and, in a sense, more limited. The full implications 
of the group of ideas require, and are likely to receive, much 
attention in the immediate future of biological investigation, 
but it is enough at present to point out that until the more 
obvious lines of inquiry have been opened out much more fully, 
we cannot be in a position to guess at the existence of a residuum, 
for which such a metaphysical conception as bathmism would 
serve even as a convenient disguise for ignorance. 

Almost every side of zoology has contributed to the theory 
of evolution, but of special importance are the facts and theories 
associated with the names of Gregor Mendel, A. Weismann 
and Hugo de Vries. These are discussed under the headings 
Heredity; Mendelism; and Variation and Selection. It 
has been a feature of great promise in recent contributions to the 
theory of evolution, that such contributions have received 
attention almost directly in proportion to the new methods of 
observation and the new series of facts with which they have 
come. Those have found little favour who brought to the 
debate only formal criticisms or amplifications of the Darwinian 
arguments, or re-marshallings of the Darwinian facts, however 
ably conducted. The time has not yet come for the attempt 
to synthesize the results of the many different and often 
apparently antagonistic groups of workers. The great work that 
is going on is the simplification of the facts to be explained by 
grouping them under empirical laws; and the most general state- 
ment relating to these that can yet be made is that no single one 
of these laws has as yet shown signs of taking rank as a vera causa 
comparable with the Darwinian principle of natural selection. 

For evolution in relation to society see Sociology. 

References. — Practically, every botanical and zoological pub- 
lication of recent date has its bearing on evolution. The following 
are a few of the more general works: Bateson, Materials for the 
Study of Variation; Bunge, Vitalismus und Mechanismus; Cope, 
Origin of the Fittest, Primary Factors of Organic Evolution, Darwin's 
Life and Letters; H. de Vries, Species and Varieties and their Origin 
by Mutation; Eimer. Organic Evolution; Gulick, " Divergent 
Evolution through Cumulative Segregation," Jour. Linn. Soc. xx. ; 
Haacke, Schopfung des Menschen: Mitchell, " Valuation of Zoo- 
logical Characters," Trans. Linn. Soc. viii. pt. ?; Pearson, Grammar 
of Science; Romanes, Darwin and after Darwin; Sedgwick, Presi- 
dential Address to Section Zoology, Brit. Ass. Rep. 1899; Wallace, 
Darwinism; Weismann, The Germ-Plasm. Further references of 
great value will be found in the works of Bateson and Pearson 
referred to above, and in the annual volumes of the Zoological 
Record, particularly under the head " General Subject." (P. C. M.) 

EVORA, the capital of an administrative district in the 
province of Alemtejo, Portugal; 72 m. E. by S. of Lisbon, on 
the Casa Branca-Evora-Elvas railway. Pop. (1900) 16,020. 
Evora occupies a fertile valley enclosed by low hills. It is sur- 
rounded by ramparts flanked with towers, and is further 
defended by two forts; but the neglected condition of these, 
combined with the narrow arcaded streets and crumbling walls 
of Roman or Moorish masonry, gives the city an appearance 
corresponding with its real antiquity. Evora is the see of an 
archbishop, and has several churches, convents and hospitals, 
barracks, a diocesan school and a museum. A university, 
founded in 1550, was abolished on the expulsion of the Jesuits 
in the 18th century. The cathedral, originally a Romanesque 
building erected 1 186-1204, was restored in Gothic style about 
1400; its richly decorated chancel was added in 1761. The 
church of Sao Francisco (1507-1525) is a good example of the 
blended Moorish and Gothic architecture known as Manoellian. 
The art gallery, formerly the archbishop's palace, contains a 
collection of Portuguese and early Flemish paintings. An 
ancient tower, and the so-called aqueduct of Sertorius, 9 m. 
long, have been partly demolished to make room for the market- 
square, in which one of the largest fairs in Portugal is held at 
midsummer. Both tower and aqueduct were long believed to 
have been of Roman origin, but are now known to have been 
constructed about 1540-1555 in the reign of John III., at the 
instance of an antiquary named Resende. The aqueduct was 
probably constructed on the site of the old Roman one. A small 
Roman temple is used as a public library; it is usually known 
as the temple of Diana, a name for which no valid authority 



exists. Evora is of little commercial importance, except as an 
agricultural centre, but its neighbourhood is famous for its mules 
and abounds in cork-woods; there are also mines of iron, copper, 
and asbestos and marble quarries. 

Under its original name of Ebora, the city was from 80 to 72 B.C. 
the headquarters of Sertorius, and it long remained an important 
Roman military station. It was called Liberalitas Juliae on 
account of certain municipal privileges bestowed on it by 
Julius Caesaj (c. 100-44 B.C.). Its bishopric, founded in the 
5th century, was raised to an archbishopric in the 16th. In 
712 Evora was conquered by the Moors, who named it Jabura; 
and it was only retaken in 1166. Fom 1663 to 1665 it was held 
by the Spaniards. In 1832 Dom Miguel, retreating befofe Dom 
Pedro, took refuge in Evora; and here was signed the con- 
vention of Evora, by which he was banished. (See Portugal.) 

The administrative district of Evora coincides with the sentral 
part of Alemtejo (q.v.); pop. (1900) 128,062; area, 2856 sq. m. 

EVREUX, a town of north-western France, capital of the 
department of Eure, 67 m. W.N.W. of Paris on the Western 
railway to Cherbourg. Pop. (1906) town, 13,773; commune, 
18,971. Situated in the pleasant valley of the Iton, arms of 
which traverse it, the town, on the south, slopes up toward 
the public gardens and the railway station. It is the seat of a 
bishop, and its cathedral is one of the largest and finest in France. 
Part of the lower portion of the nave dates from the nth century; 
the west facade with its two ungainly towers is, for the most part, 
the work of the late Renaissance, and various styles of the 
intervening period are represented in the rest of the church. 
A thorough restoration was completed in 1896. The elaborate 
north transept and portal are in the flamboyant Gothic; the choir, 
the finest part of the interior, is in an earlier Gothic style. 
Cardinal de la Balue, bishop of Evreux in the latter half of the 
15th century, constructed the octagonal central tower, with its 
elegant spire; to him is also due the Lady chapel, which is remark- 
able for some finely preserved stained glass. Two rose windows 
in the transepts and the carved wooden screens of the side chapels 
are masterpieces of 16th-century workmanship. The episcopal 
palace, a building of the 15th century, adjoins the south side 
of the cathedral. An interesting belfry, facing the handsome 
modern town hall, dates from the 15th century. The church of 
St Taurin, in part Romanesque, has a choir of the 14th century 
and other portions of later date; it contains the shrine of St 
Taurin, a work of the 13th century. At Vieil Evreux, 3! m. 
south-east of the town, the remains of a Roman theatre, a palace, 
baths and an aqueduct have been discovered, as well as various 
relics which are now deposited in the museum of Evreux. Evreux 
is the seat of a prefect, a court of assizes, of tribunals of first 
instance and commerce, a chamber of commerce and a board of 
trade arbitrators, and has a branch of the Bank of France, a 
lycee and training colleges for teachers. The making of ticking, 
boots and shoes, agricultural implements and gas motors, and 
metal-founding and bleaching are carried on. 

Vieil-Evreux {Mediolanum Aulercorum) was the capital of the 
Gallic tribe of the A ulerci Eburovices and a flourishing city dur- 
ing the Gallo-Roman period. Its bishopric dates from the 4th 
century. 

The first family of the counts of Evreux which is known 
was descended from an illegitimate son of Richard I., duke of 
Normandy, and became extinct in the male line with the death 
of Count William in 1 1 18. The countship passed in right of Agnes, 
William's sister, wife of Simon de Montfort-l'Amaury (d. 1087) 
to the house of the lords of Montfort-l'Amaury. Amaury III. 
of Montfort ceded it in 1200 to King Philip Augustus. Philip 
the Fair presented it (1307) to his brother Louis, for whose benefit 
Philip the Long raised the countship of Evreux into a peerage 
of France (13 17). Philip of Evreux, son of Louis, became king 
of Navarre by his marriage with Jeanne, daughter of Louis the 
Headstrong (Hutin), and their son Charles the Bad and their 
grandson Charles the Noble were also kings of Navarre. The 
latter ceded his countships of Evreux, Champagne and Brie 
to King Charles VI. (1404). In 1427 the countship of Evreux 
was bestowed by King Charles VII. on Sir John Stuart of 



38 



EWALD 



Darnley (c. 1365-1429), the commander of his Scottish body- 
guard, who in 1423 had received the seigniory of Aubigny and 
in February 1427/8 was granted the right to quarter the royal 
arms of France for his victories over the English (see Lady 
Elizabeth Cust, Account of the Stuarts of Aubigny in France, 
1422-1672, 1891). On Stuart's death (before Orleans during an 
attack on an English convoy) the countship reverted to the crown. 
It was again temporarily alienated (1569-1584) as an appanage 
for Francis, duke of Anjou, and in 1651 was finally <nade over to 
Frederic Maurice de la Tour d'Auvergne, duke of Bouillon, in 
exchange for the principality of Sedan. 

EWALD, GEORG HEINRICH AUGUST VON (1803-1875), 
German Orientalist and theologian, was born on the 16th of 
November 1803 at Gottingen, where his father was a linen- 
weaver. In 181 5 he was sent to the gymnasium, and in 1820 
he entered the university of his native town, where under 
J. G. Eichhorn and T. C. Tychsen he devoted himself specially 
to the study of Oriental languages. At the close of his academical 
career in 1823 he was appointed to a mastership in the gymnasium 
at Wolfenbuttel, arid made a study of the Oriental manuscripts 
in the Wolfenbuttel library. But in the spring of 1824 he was 
recalled to Gottingen as repetent, or theological tutor, and in 
1827 (the year of Eichhorn's death) he became professor extra- 
ordinarius in philosophy and lecturer in Old Testament exegesis. 
In 1 83 1 he was promoted to the position of professor ordinarius 
in philosophy; in 1833 he became a member of the Royal 
Scientific Society, and in 1835, after Tychsen 's death, he entered 
the faculty of theology, taking the chair of Oriental languages. 

Two years later occurred the first important episode in his 
studious life. In 1837, on the 18th of November, along with six 
of his colleagues he signed a formal protest against the action 
of King Ernst August (duke of Cumberland) in abolishing the 
liberal constitution of 1833, which had been granted to the 
Hanoverians by his predecessor William IV. This bold procedure 
of the seven professors led to their speedy expulsion from the 
university (14th December). Early in 1838 Ewald received a 
call to Tubingen, and there for upwards of ten years he held a 
chair as professor ordinarius, first in philosophy and afterwards, 
from 1 841, in theology. To this period belong some of his most 
important works, and also the commencement of his bitter feud 
with F. C. Baur and the Tubingen school. In 1847, " the great 
shipwreck-year in Germany," as he has called it, he was invited 
back to Gottingen on honourable terms — the liberal constitution 
having been restored. He gladly accepted the invitation. In 
1862-1863 he took an active part in a movement for reform 
within the Hanoverian Church, and he was a member of the synod 
which passed the new constitution. He had an important share 
also in the formation of the Protestantenverein, or Protestant 
association, in September 1863. But the chief crisis in his life 
arose out of the political events of 1866. His loyalty to King 
George (son of Ernst August) would not permit him to take the 
oath of allegiance to the victorious king of Prussia, and he was 
therefore placed on the retired list, though with the full amount 
of his salary as pension. Perhaps even this degree of severity 
might have been held by the Prussian authorities to be un- 
necessary, had Ewald been less exasperating in his language. 
The violent tone of some of his printed manifestoes about this 
time, especially of his Lob des Konigs u. des Volkes, led to his 
being deprived of the venia legendi (1868) and also to a criminal 
process, which, however, resulted in his acquittal (May 1869). 
Then, and on two subsequent occasions, he was returned by the 
city of Hanover as a member of the North German and German 
parliaments. In June 1874 he was found guilty of a libel on 
Prince Bismarck, whom he had compared to Frederick II. in 
" his unrighteous war with Austria and his ruination of religion 
and morality," to Napoleon III. in his way of " picking out the 
best time possible for robbery and plunder." For this offence 
he was sentenced to undergo three weeks' imprisonment. He 
died in his 72nd year of heart disease on the 4th of May 1875. 

Ewald was no common man. In his public life he displayed 
many noble characteristics, — perfect simplicity and sincerity, 
intense moral earnestness, sturdy independence, absolute 



fearlessness. As a teacher he had a remarkable power of kindling 
enthusiasm; and he sent out many distinguished pupils, among 
whom may be mentioned Hitzig, Schrader, Noldeke, Diestel 
and Dillmann. His disciples were not all of one school, but many 
eminent scholars who apparently have been untouched by his 
influence have in fact developed some of the many ideas which he 
suggested. His numerous writings, from 1823 onwards, were 
the reservoirs in which the entire energy of a life was stored. 
His Hebrew Grammar inaugurated' a new era in biblical philology. 
All subsequent works in that department have been avowedly 
based on his, and to him will always belong the honour of having 
been, as Hitzig has called him, " the second founder of the 
science of the Hebrew language." As an exegete and biblical critic 
no less than as a grammarian he has left his abiding mark. His 
Geschichte des Volkes Israel, the result of thirty years' labour, 
was epoch-making in that branch of research. While in every line 
it bears the marks of intense individuality, it is at the same time 
a product highly characteristic of the age, and even of the decade, 
in which it appeared. If it is obviously the outcome of immense 
learning on the part of its author, it is no less manifestly the 
result of the speculations and researches of many laborious 
predecessors in all departments of history, theology and philo- 
sophy. Taking up the idea of a divine education of the human 
race, which Lessing and Herder had made so familiar to the 
modern mind, and firmly believing that to each of the leading 
nations of antiquity a special task had been providentially 
assigned, Ewald felt no difficulty about Israel's place in universal 
history, or about the problem which that race had been called 
upon to solve. The history of Israel, according to him, is simply 
the history of the manner in which the one true religion really 
and truly came into the possession of mankind. Other nations, 
indeed, had attempted the highest problems in religion; but 
Israel alone, in the providence of God, had succeeded, for Israel 
alone had been inspired. . Such is the supreme meaning of that 
national history which began with the exodus and culminated 
(at the same time virtually terminating) in the appearing of 
Christ. The historical interval that separated these two events is 
treated as naturally dividing itself into three great periods, 
— those of Moses, David and Ezra. The periods are externally 
indicated by the successive names by which the chosen people 
were called — Hebrews, Israelites, Jews. The events prior to 
the exodus are relegated by Ewald to a preliminary chapter of 
primitive history; and the events of the apostolic and post- 
apostolic age are treated as a kind of appendix. The entire con- 
struction of the history is based, as has already been said, on a 
critical examination and chronological arrangement of the 
available documents. So far as the results of criticism are still 
uncertain with regard to the age and authorship of any of these, 
Ewald's conclusions must of course be regarded as unsatisfactory. 
But his work remains a storehouse of learning and is increasingly 
recognized as a work of rare genius. 

Of his works the more important are: — Die Composition der 
Genesis krilisch untersucht (1823), an acute and able attempt to 
account for the use of the two names of God without recourse to the 
document-hypothesis; he was not himself, however, permanently 
convinced by it; De metris carminum Arabicorum (1825); Das 
Hohelied Salomo's iibersetzl u. erkldrt (1826; 3rd ed., 1866) ; Kritische 
Grammatik der hebr. Sprache (1827) — this afterwards became the 
Ausfiihrliches Lehrbuch der hebr. Sprache (8th ed., 1870); and it was 
followed by the Hebr. Sprachlehre fur Anfdnger (4th ed., 1874); 
Uber einige dltere Sanskritmetra (1827); Liber Vakedii de Meso- 
potamiae expugnalae historia (1827); Commentarius in Apocalypsin 
Johannis (1828); Abhandlungen zur biblischen u. orientalischen 
Literatur (1832); Grammatica critica linguae Arabicae (1831-1833); 
Die poetischen Biicher des alien Bundes (1835-1837, 3rd ed., 1866- 
1867); Die Propheten des alten Bundes (1840-1841, 2nd ed., 1867- 
1868); Geschichte des Volkes Israel (1843-1859, 3rd ed., 1864-1868); 
Alterthumer Israels (1848); Die drei ersten Evangelien ubersetzt u. 
erkldrt (1850); Uber das dlhiopische Buch Henoch (1854); Die 
Sendschreiben des Apostels Paulus ubersetzt u. erkldrt (1857); Die 
J ohanneischen Schriften ubersetzt u. erkldrt (1861-1862); Uber das 
vierle Esrabuch (1863); Sieben Sendschreiben des neuen Bundes 
(1870); Das Sendschreiben an die Hebrder u. Jakobos' Rundschreiben 
(1870); Die Lehre der Bibel von Golt, oder Theologie des alten u. 
neuen Bundes (1871-1875). The Jahrbiicher der biblischen Wissen- 
schaft (1849-1865) were edited, and for the most part written, by 
him. He was the chief promoter of the Zeilschrift fur die Kunde det 



EWALD 



39 



Morgenlandes, begun in 1837; and he frequently contributed on 
various subjects to the Gotting. gelehrte Anzeigen. He was also the 
author of many pamphlets of an occasional character. 

The following have been translated into English: — Hebrew Gram- 
mar, by John Nicholson (from 2nd German edition) (London 1836) ; 
Introductory Hebrew Grammar (from 3rd German edition) (London, 
1870); History of Israel, 5 vols, (corresponding to vols, i.-iv. of the 
German), by Russell Martineau and J. Estlin Carpenter (London, 
1867-1874); Antiquities of Israel, by H. S. Solly (London, 1876); 
Commentary on the Prophets of the Old Testament, by J. Frederick 
Smith (2 vols., London, 1876-1877) ; Isaiah the Prophet, chaps, 
i.-xxxiii., by O. Glover (London, 1869); Life of Jesus Christ, also 
by O. Glover (London, 1865). 

See the article in Herzog-Hauck; T. Witton Davies, Heinrich 
Ewald (1903) ; and cf. T. K. Cheyne, Founders of Old Testament 
Criticism (1893) ; F. Lichtenberger, History of German Theology in 
the Nineteenth Century (1889). 

EWALD, JOHANNES (1743-1781), the greatest lyrical poet of 
Denmark, was the son of a melancholy and sickly chaplain at 
Copenhagen, where he was born on the 18th of November 1743. 
At the age of eleven he was sent to school at Schleswig, his 
father's birthplace, and returned to the capital only to enter 
the university in 1758. His father was by that time dead, and 
in his mother, a frivolous and foolish woman, he found neither 
sympathy nor moral support. At fifteen he fell passionately 
in love with Arense Hulegaard, a girl whose father afterwards 
married the poet's mother; and the romantic boy resolved on 
various modes of making himself admired by the young lady. 
He began to learn Abyssinian, for the purpose of going out as a 
missionary to Africa, but this scheme was soon given up, and he 
persuaded a brother, four years older than himself, to run away 
that they might enlist as hussars in the Prussian army. They 
managed to reach Hamburg just when the Seven Years' War 
was commencing and were allowed to enter a regiment. But 
the elder brother soon got tired and ran away, while the poet, 
after a series of extraordinary adventures, deserted to the 
Austrian army, where from being drummer he rose to being 
sergeant, and was only not made an officer because he was a 
Protestant. In 1 760 he was weary of a soldier's life and deserted 
again, getting safe back to Denmark. For the next two years 
he worked with great diligence at the university, but the Arense 
for whom he had gone through so much hardship and taken so 
much pains married another man almost immediately after 
Ewald's final and very successful examination. The disappoint- 
ment was one from which he never recovered, but his own 
weakness of will was largely to blame for it. He plunged into 
dissipation of every kind, and gave his serious thoughts only to 
poetry. 

In 1763 his first work, a perfunctory dissertation, De pyrologia 
sacra, first saw the light. In 1 764 he made a considerable success 
with a short prose story in the popular manner of Sneedorf, 
Lykkens Tempel (The Temple of Fortune), which was translated 
into German and Icelandic. On the death of Frederick V., how- 
ever, Ewald first appeared prominently as a poet; he published in 
1766 three Elegies over the dead king, which were received with 
universal acclamation, and of which one, at least, is a veritable 
masterpiece. But his dramatic poem Adam og Eva (Adam and 
Eve), by far the finest imaginative work produced in Denmark 
up to that time, was rejected by the Society of Arts in 1767 and 
was not published until 1769. At the latter date, however, its 
merits were perceived. In 1770 Ewald attained success with 
Philet, a narrative and lyrical poem, and still more with his 
splendid Rolf Krage, the first original Danish tragedy. For the 
next ten years Ewald was occupied in producing one brilliant 
poetical work after another, in rapid succession. In 1771 he 
published De brutale Klappers (The Brutal Clappers), a tragi- 
comedy or parody satirizing the dispute then raging between 
the critics and the manager of the Royal Theatre; in 1772 
he translated from the German the lyrical drama of Philemon 
and Baucis, and brought out his versified comedy of Harlequin 
Patriot, a satire on the passion for political scribbling created by 
Struensee's introduction of the liberty of the press. In 1773 he 
published Pebersvendene (Old Bachelors), a prose comedy. 
In 177 1 he had already collected some of his lyrical poems under 
the title of Adskilligt af Johannes Ewald (Miscellanies). In 1774 



appeared the heroic opera of Balder' s Dbd (Balder's Death), 
and in 1779 the finest of his works, the lyrical drama Fiskerne 
(The Fishers), which contains the Danish National Song, " King 
Christian stood by the high Mast," his most famous lyric. In 
the two poems last mentioned, however, Ewald passed beyond 
contemporary taste, and these great works, the pride of Danish 
literature, were coldly received. But while the new poetry was 
slowly winning its way into popular esteem, the poet did not lack 
admirers, and at the head of these he founded in 1775 the Danish 
Literary Society, a body which became influential, and which 
made the study of Ewald a cultus. But the poet's health had 
broken; when he was writing Rolf Krage he was already an 
inmate of the consumptive hospital, and when he seemed to be 
recovering, his health was shattered again by a night spent in the 
frosty streets. He embittered his existence by the recklessness 
of his private life, and finally, through a fall from a horse, he 
ended by becoming a complete invalid. His last ten years were 
full of acute suffering; his mother treated him with cruelty, 
his family with neglect, and but few even of his friends showed 
any manliness or generosity towards him. In 1 7 74 he was placed 
in the house of an inspector of fisheries at Rungsted, where 
Anna Hedevig Jacobsen, the daughter of the house, tended the 
wasted poet with infinite tenderness and skill. He stayed in 
this house for three years, and wrote there some of his finest later 
lyrics. Meanwhile he had fallen deeply in love with the charming 
solace of his sufferings and won her consent to a marriage. 
This step, however, was prevented by his family, who roughly 
removed him to their own keeping near Kronborg. Here he 
was treated so infamously that he insisted on being taken back 
to Copenhagen in 1777, where he found an older, but no less 
tender nurse, in Ane Kirstine Skou. Here he wrote Fiskerne 
with his imagination full of the familiar shore at Hornbaek, 
near Rungsted. In 1780 he was a little better, and managed to 
be present at the theatre at the first performance of his poem. 
But this excitement hastened his end, and after months of extreme 
agony he died on the 17th of March 1781, and was carried to 
the grave by a large assembly of his admirers, since he was now 
just recognized by the public for the first time as the greatest 
national poet. Among his papers were found fragments of 
three dramas, two on old Scandinavian subjects, entitled 
Frode and Helgo, and the third a tragedy on the story of 
Hamlet, which he meant to treat in a way wholly distinct from 
Shakespeare's. 

Ewald belongs to the race of poetical reformers who appeared 
in all countries of Europe at the end of the 18th century; but it is 
interesting to observe that in point of time he preceded all of 
them. He was born six years earlier than Goethe and Alfieri, 
sixteen years before Schiller, nine years before Andre Chenier, 
and twenty-seven years earlier than Wordsworth, but he did for 
Denmark what each of these poets did for his own country. 
Ewald found Danish literature given over to tasteless rhetoric, 
and without art or vigour. He introduced vivacity of style, 
freshness and brevity of form, and an imaginative study of nature 
which was then unprecedented. But perhaps his greatest claim 
to notice is the fact that he was the first person to call the atten- 
tion of the Scandinavian peoples to the treasuries of their ancient 
history and mythology, and to suggest the use of these in imagina- 
tive writing. With a colouring more distinctly modern than that 
of Collins and Gray, his lyrics yet resemble the odes of these his 
English contemporaries more closely than those of any continental 
poet; from another point of view his ballads remind us of those 
of Schiller, which they preceded. His dramas, which had an 
immense influence on the Danish stage, are now chiefly of anti- 
quarian interest, with the exception of " The Fishers," a work 
that must always live as a great national poem. In personal 
character and in fate Ewald seems to have been not unlike 
Heinrich Heine. 

The first collected edition of Ewald's works began to appear in 
his lifetime. It is in four volumes, 1780-1784. His works have 
constantly been reprinted, but the standard edition is that by 
Liebenberg, in 8 vols., 1 850-1 855. The best biographies of him are 
those by C. Molbech (1831), Hammerich (i860) and Andreas Dolleris 
(1900)- (E. G.) 



4 o 



EWART— EWING 



EWART, WILLIAM (1798-1869), English politician, was 
born in Liverpool on the 1st of May 1798. He was educated at 
Eton and Christ Church, Oxford, gaining the Newdigate prize 
for English verse. He was called to the bar at the Middle 
Temple in 1827, and the next year entered parliament for the 
borough of Bletchingley in Surrey. He subsequently sat for 
LiverpDol from 1830 to 1837, for Wigan in 1839, and for Dumfries 
Burghs from 1841 until his retirement from public life in 1868. 
He died at Broadleas, near Devizes, on the 23rd of January 1869, 
Ewart, who was an advanced liberal in politics, was responsible 
during his long political career for many useful measures. In 
1834 he carried a bill for the abolition of hanging in chains, and 
in 1837 he was successful in getting an act passed for abolishing 
capital punishment for cattle-stealing and other offences. In 
1850 he carried a bill for establishing free libraries supported out 
of the rates, and in 1864 he was instrumental in getting an act 
passed for legalizing the use of the metric system of weights and 
measures. He was always a strong advocate for the abolition 
of capital punishment, and on his motion in 1864 a select com- 
mittee was appointed to consider the subject. Other reforms 
which he advocated and which have since been carried out were 
an annual statement on education, and the examination of 
candidates for the civil service and army. 

EWE, a group of Negro peoples of the Slave Coast, West 
Africa. By the natives their country is called Ewe-me, " Land 
of the Ewe." The Ewe family forms five linguistic groups: 
the Anlo or Anglawa on the Gold Coast frontier, the Krepi of 
Anfueh speech, the Jeji, the Dahomeyans and the Mahi. 

See further Dahomey, and A. B. Ellis, The Ewe-Speaking Peoples 
of the Slave Coast . . . (London, 1890). . , ■ 

EWELL, RICHARD STODDERT (1817-1872), American 
soldier, lieutenant-general in the Confederate army, was born in 
Georgetown, now a part of Washington, D.C., on the 2nd of 
February 1817, and graduated at West Point in 1840. As a 
cavalry officer he saw much'active service in the Mexican War 
and later in Indian warfare in New Mexico. He resigned his 
commission at the outbreak of the Civil War, and entered the 
Confederate service. He commanded a brigade in the first Bull 
Run campaign, and a division in the famous Valley Campaign 
of " Stonewall " Jackson, to whom he was next in rank. At Cross 
Keys he was in command of the forces which defeated General 
Fremont. E well's division served with Jackson, in the Seven 
Days and in the campaign of Second Bull Run. At the action 
of Groveton Ewell lost a leg, but did not on that account retire 
from active service, though other generals led his men in the 
sanguinary battles of Antietam (where they lost 47% of their 
numbers) and Fredericksburg. After the death of " Stonewall " 
Jackson, Ewell was promoted lieutenant-general and appointed 
to command the 2nd Corps, with which he had served from the 
beginning of the Valley Campaign. His promotion set aside 
General J. E. B. Stuart, the temporary commander of Jackscn's 
corps; that Ewell, crippled as he was, was preferred to the 
brilliant cavalry leader was a marked testimony to his sterling 
qualities as a soldier. The invasion of Pennsylvania soon 
followed, Ewell's corps leading the advance of Lee's army. A 
federal force was skilfully cut off and destroyed near Winchester, 
Va., and Ewell's corps then raided Maryland and southern 
Pennsylvania unchecked. At the battle of Gettysburg, the 
2nd Corps decided the fighting of the first day in favour of 
the Confederates, driving the enemy before them; ort the 
second day it fought a desperate action on Lee's left wing. 
Ewell took part in the closing operations of 1863 and in all the 
battles of the Wilderness and Petersburg campaigns. In the 
final campaign 0L1865 he and the remnant of his corps were cut 
off and forced to surrender at Sailor's Creek, a few days before 
his chief capitulated to Grant at Appomattox. After the war 
General Ewell lived in retirement. He died near Spring Hill, 
Maury County, Tennessee, on the 25th of January 1872. 

EWING, ALEXANDER (1814-1873), Scottish divine, was 
born of an old Highland family in Aberdeen on the 25th of 
March 1814. In October 1838 he was admitted to deacon's 
orders, and after his return from Italy he took charge of the 



episcopal congregation at Forres, and was ordained a, presbyter 
in the autumn of 1841. In 1846 he was elected first bishop of 
the newly restored diocese of Argyll and the Isles, the duties of 
which position he discharged till his death on the. 2 2nd of May 
1873. In 1851 he received the degree of D.C.L. from the univer- 
sity of Oxford; Though hampered by a delicate bodily constitu- 
tion, he worked in a spirit of buoyant cheerfulness. By the 
charm of his personal manner and his catholic sympathies he 
gradually attained a prominent position. In theological dis- 
cussion he contended for the exercise of a wide tolerance, and 
attached little importance to ecclesiastical authority and 
organization. His own theological position had close affinity 
with that of Thomas Erskine of Linlathen and Frederick 
Denison Maurice; but his opinions were the fruit of his own 
meditation, ahd were coloured by his own individuality; The 
trend of his teaching is only to be gathered from fragmentary 
publications— letters to the newspapers, pamphlets, special 
sermons, essays contributed to the series of Present Day Papers, 
of which he was the editor, and a volume of sermons entitled 
Revelation considered as Light. 

Besides his strictly theological writings, Ewing was the author 
of the Cathedral or Abbey Church of Iona (1865), the first part of 
which contains drawings and descriptive letterpress of the ruins, 
and the second a history of the early Celtic church and the mission 
of St Columba. See Memoir of Alexander Ewing, D.C.L., by A. J. 
Ross (1877). 

EWING, JULIANA HORATIA ORR (1841-1885), English 
writer of books for children, daughter of the Rev. Alfred Gatty 
and of Margaret Gatty (q.v.), was born at Ecclesfield, Yorkshire, 
in 1841. One of a large family, she was accustomed to act as 
nursery story-teller to her brothers and sisters, and her brother 
Alfred Scott Gatty provided music to accompany her plays. 
She was well educated in classics and modern languages, and at 
an early age began to publish verses, being a contributor to 
Aunt Judy's M agazine, which her mother started in 1866. The 
Land of Lost Toys and many other of Juliana's stories appeared 
in this magazine. In 1867 she married Major Alexander Ewing, 
himself an author, and the composer of the well-known hymn 
"Jerusalem the Golden." From this time until her death 
(13th may 1885), previously to which she had been a constant 
invalid, Mrs Ewing produced a number of charming children's 
stories. The best of these are: The Brownies (1870) , A Flat-iron 
for a Farthing (187 3), Lob-lie-by the Fire (1874), The Story of a 
Short Life (1885) and Jackanapes (1884), the two last-named, in 
particular, obtaining great success; among others may be 
mentioned Mrs Over-the-Way's Remembrances (1869), Six to 
Sixteen, Jan of the Windmill (1876), A Great Emergency (1877), 
We and the World (1881), Old-Fashioned Fairy Tales, Brothers 
of Pity (1882), The Doll's Wash, Master Fritz, Our Garden, A 
Soldier's Children, Three Little Nest-Birds, A Week Spent in a 
Glass-House, A Sweet Little Dear, and Blue- Red (1883). Many 
of these were published by the S.P.C.K. Simple and unaffected 
in style, and sound and wholesome in matter, with quiet touches 
of humour and bright sketches of scenery and character, Mrs 
Ewing's best stories have never been surpassed in the style of 
literature to which they belong. 

EWING, THOMAS (1789-18.71), American lawyer and states- 
man, was born near the present West Liberty, West Virginia, on 
the 28th of December 1789. His father, George Ewing, settled at 
Lancaster, Fairfield county, Ohio, in 1702. Thomas graduated 
at Ohio University, Athens, Ohio, in 181 5, and in August 181 6 
was admitted to the bar at Lancaster, where he won high rank 
as an advocate. He was a Whig member of the United States 
senate in 1831-1837, and as such took a prominent part in the 
legislative struggle over the United States Bank, whose re- 
chartering he favoured and which he resolutely defended against 
President Jackson's attack, opposing in able speeches the with- 
drawal of deposits and Secretary Woodbury's " Specie Circular " 
of 1836. In March 1841 he became secretary of the treasury in 
President W. H. Harrison's cabinet. When, however, after 
President Tyfer's accession, the relations between the President 
and the Whig Party became strained, he retired (September 
1841) and was succeeded by Walter Forward (1786-1852). 



EXAMINATIONS 



4 1 



Subsequently from March 1849 to July 1850 he was a member 
of President Taylor's cabinet as the first secretary of the newly 
established department of the interior. He thoroughly organized 
the department, and in his able annual report advocated the 
construction by government aid of a railroad to the Pacific 
Coast. In 1850-1851 he filled the unexpired term of Thomas 
. Corwin in the U.S. Senate, strenuously opposing Clay's com- 
promise measures and advocating the abolition of slavery in the 
District of Columbia. He was subsequently a delegate to the 
Peace Congress in 1861, and was a loyal supporter of President 
Lincoln's war policy. He died at Lancaster, Ohio, on the 26th 
of October 1871. 

His daughter was the wife of General William T. Sherman. 
His son, Hugh Boyle Ewing (1S26-1905), served throughout the 
Civil War in the Federal armies, rising from the rank of colonel 
(1861) to that of brigadier-general (1862) and brevet major- 
general (1S65), and commanding brigades at An.tietam and 
Vicksburg and a division at Chickamauga; and was minister of 
the United States to the Netherlands in ];866-i 870. Another son, 
Thomas Ewing (1829-1896), studied at Brown University in 
1852-1854 (in 1894, by a special vote, he was placed on the 
list of graduates in the class of 1856) ; he was a lawyer and a free- 
state politician in Kansas in 1857-1861, and was the first chief- 
justice of the Kansas supreme court (1861-1862). In the Civil 
War he attained the rank of brigadier-general (March 1863) and 
received the brevet of major-general (1865). He was sub- 
sequently a representative in Congress from Ohio in 1877-1881; 
and from 1882 to 1896 practised law in New York City, where he 
was long one of the recognized leaders of the bar. 

EXAMINATIONS. The term " examination " (i.e. inspecting, 
weighing and testing; from Lat. examen, the tongue of a balance) 
is used in the following article to denote a systematic test of 
knowledge, and of either special or general capacity or fitness, 
carried out under the authority of some public body. 

1. History.— The oldest known system of examinations in 
history is that used in China for the selection of officers for the 
public service (c. 1115 B.C.), and the periodic tests which they 
undergo after entry (c. 2200 B.C.). See China; alsoW.A.P. 
Martin, The Lore of Cathay (1901), p. 311 et seq.; T. L. Bullock, 
" Competitive Examinations in China " {Nineteenth Century, 
July 1894); and Etienne Zi, Pratique des examens litteraires en 
Chine (Shanghai, 1894). The abolition of this system was 
announced in 1906, and, as a partial substitute, it was decided to 
hold an annual examination in Peking of Chinese graduates 
educated abroad {Times, 22nd of October 1906). 

The majority of examinations in western countries are derived 
from the university examinations of the middle ages. The first 
universities of Europe consisted of corporations of teachers and 
of students analogous to the trade gilds and merchant gilds of 
the time. In the trade gilds there were apprentices, companions, 
and masters. No one was admitted to mastership until he had 
served his apprenticeship (q.v.), nor, as a rule, until he had shown 
that he could accomDlish a piece of work to the satisfaction of the 
gild. 

The object of the universities was to teach; and to the three 
classes established by the gild correspond roughly the scholar, 
the bachelor or pupil-teacher (see Rashdall i. 209, note 2, and 22,1, 
note 5), and the master or doctor (two terms at first equivalent) 
who, having served his apprenticeship and passed a definite 
technical test, had received permission to teach. The early 
universities of Europe, being under the same religious authority 
and animated by the same philosophy, resembled each other very 
closely in curriculum and general organization and examinations, 
and by the authority of the emperor, or of the pope in most cases, 
the permission to teach granted by one university was valid in 
all (jus ubicunque docendi). 

The earliest university examinations of which a description is 
available are those in civil and in canon law held at Bologna 
at a period subsequent to 12 19. The student was admitted 
without examination as bachelor after from four to six years' 
study, and after from six to eight years' study became 
qualified as a candidate for the doctorate. He might obtain 



the doctorate in both branches of law in ten years (Rashdall i. 
221-222). 

The doctoral examination at Bologna in the i3th-i4th 
centuries consisted of two parts — a private examination which 
was the real test, and a public one of a ceremonial character 
(conventus). The candidate first took an "oath that he had 
complied with all the statutable conditions, that he would give 
no more than the statutable fees or entertainments to the rector 
himself, the doctor or his fellow-students, and that he would 
obey the rector." He was then presented to the archdeacon of 
Bologna by one or. more doctors, who were required to have 
satisfied themselves of his fitness by private examination. On 
the morning of the examination, after attending mass, he was 
assigned by one of the doctors of the assembled college two 
passages (puncta) in the civil or canon law, which he retired to 
his house to study, possibly with the assistance of the presenting 
doctor. Later in the day he gave a lecture on, or exposition of, 
the prepared passages, and was examined on them by two of 
the doctors appointed by the college. Other doctors might then 
put supplementary questions on law arising out of the passages, 
or might suggest objections to his answers. The vote of the 
doctors present was taken by ballot, and the fate of the candidate 
was determined by the majority. The successful candidate, 
who received the title of licentiate, was, on payment of a heavy 
fee and other expenses, permitted to proceed to the conventus 
or final public examination. This consisted in the delivery of 
a speech and the defence of a thesis on some point of law, 
selected by the candidate, against opponents selected from among 
the students. The successful candidate received from the arch- 
deacon the formal " licence to teach " by the authority of the 
pope in the name of the Trinity, and was invested with the 
insignia of office. At Bologna, though not at Paris, the "per- 
mission to teach " soon became fictitious, only a small number 
of doctors being allowed to exercise the right of teaching in that 
university (Rashdall) . 

In the faculty of arts of Paris, towards the end of the 13th 
century, the system was already more complicated than at 
Bologna. The baccalaureate, licentiateship, and mastership 
formed three distinct degrees. For admission to the baccalaureate 
a preliminary test or " Responsions " was first required, at which 
the candidate had to dispute in grammar or logic with a master. 
The examiners then inspected the certificates (schedulae) of 
residence and of having attended lectures in the prescribed 
subjects, and examined him in the contents of his books. The 
successful candidate was admitted to maintain a thesis against 
an opponent, a process called " determination " (see Rashdall 
i. 443 et seq.), and as bachelor was then permitted to give 
"cursory" lectures. After five or six years from the date of begin- 
ning his studies (matriculation) and being twenty years of age 
(these conditions varied at different, periods), a bachelor was 
permitted to present himself for the examination for the licentiate- 
ship, which was divided into two parts. The first part was 
conducted in private by the chancellor and four examiners 
(temptatores in cameris), and included an inquiry into the 
candidate's residence, attendance at lectures, and performance 
of exercises, as well as examination in prescribed books; those 
candidates adjudged worthy were admitted to the more im- 
portant examination before the faculty, and the names of 
successful candidates were sent to the chancellor in batches of 
eight or more at a time, arranged in order of merit. (The order 
of merit at the examination for the licentiateship existed in 
Paris till quite recently.) Each successful candidate was then 
required to maintain a thesis chosen by himself (quodlibetica) 
in St Julian's church, and was finally submitted to a purely 
formal public examination (collalio) at either the episcopal 
palace or the abbey of Ste Genevieve, before receiving from 
the chancellor, in the name of the Trinity, the licence to incept 
or begin to teach in the faculty of arts. After some six months 
more the licentiate took part " in a peculiarly solemn disputa- 
tion known as his 'Vespers,' " then gave his formal inaugural 
lecture or disputation before the fa.culty, and was received into 
the faculty as master. This last process was called " inception." 



42 



EXAMINATIONS 



In discussing the value of medieval examinations of the kind 
described, Paulsen {The German Universities (1906) , p. 25) asserts 
that they were well adapted to increase a student's alertness, 
his power of comprehending new ideas, and his ability quickly 
and surely to assimilate them to his own, and that " they did 
more to enable [students] to grasp a subject than the mute and 
solitary reviewing and cramming of our modern examinations 
can possibly do." At their best they fulfilled precisely the 
technical purpose for which they were intended; they fully 
tested the capacity of the candidate to teach the subjects which 
he was required to teach in accordance with the methods which 
he was required to use. The limitations of the test were the 
limitations of the educational and philosophic ideals of the time, 
in which a dogmatic basis was presupposed to all knowledge 
and criticism was limited to the superstructure. At their worst, 
even with venal examiners (and additional fees were often offered 
as a bribe), Rashdall regards these examinations (at the end of 
the 13th century) as probably " less of a farce than the pass 
examinations of Oxford and Cambridge almost within the 
memory of persons now living." It is, however, to be pointed out 
that the standard in Paris and elsewhere at a later date became 
scandalously low in some cases. In some universities the sons of 
nobles were regularly excused certain examinations. At Cam- 
bridge in 1774 Fellow Commoners were examined with such 
precipitation to fulfil the formal requirements of the statutes 
that the ceremony was termed " huddling for a degree " (Jebb, 
Remarks upon the Present Mode of Education in the University 
of Cambridge, 4th ed., 1774, p. 32). The last privileges of this 
kind were abolished at Cambridge by a grace passed on the 20th 
of March 1884. 

In the medieval examinations described above we find most of 
the elements of our present examinations: certificates of previous 
study and good conduct, preparation of set-books, questioning 
on subjects not specially prepared, division of examinations 
into various parts, classification in order of merit, payment of 
fees, the presentation of a dissertation, and the defence and 
publication of a thesis (a term of which the meaning has now 
become extended). 

The requirement to write answers to questions written or 
dictated, to satisfy a practical test (other than in teaching), 
and a clinical test in medicine, appear to be of later date. 1 The 
medieval candidate for the doctorate in medicine, although 
required to have attended practice before presenting himself, 
discussed as his thesis a purely theoretical question, often 
semi-theological in character, of which as an extreme example 
may be quoted " whether Adam had a navel." 

The competitive system was developed considerably at 
Louvain, and in the 1 5th century the candidates for the master- 
ship of arts were divided into three classes {rigor osi, honour-men; 
transibiles, pass-men; gratiosi, charity-passes), while a fourth, 
which was not published, contained the names of those who failed. 
In the 1 7th century the first class comprised the names of twelve, 
and the second, of twenty-four, candidates, who were divided 
on the report of their teachers into classes before the examination, 
and finally arranged in order of merit by the examiners 
(Vernulaeus, quoted by Sir W. Hamilton, Discussions, 1852; 
p. 647; Rashdall, loc. cit. ii. 262). At the Cambridge tripos (as 
described by Jebb in 1774, Remarks, &c, pp. 20-31) the first 
twenty-four candidates were also selected by a preliminary test; 
they were then divided further into " wranglers" (the disputants, 
par excellence) and Senior Optimes, the next twelve on the list 
being called the Junior Optimes. These names have in the 
mathematics tripos survived the procedure. (The name Tripos 
is derived from the three-legged stool on which " an old 
bachilour," selected for the purpose, sat during his disputation 
with the senior bachelor of the year, who was required to pro- 
pound two questions to him.) 

1 W. W. Rouse Ball in his History of the Study of Mathematics at 
Cambridge (1889), p. 193, states that he can find no record of any 
European examinations by means of written papers earlier than 
those introduced by R. Bentley at Trinity College, Cambridge, in 
1702. 



The subjects in which the medieval universities examined 
were (i.) those of the trivium and quadrivium in the faculty of 
arts; (ii.) theology; (iii.) medicine; and (iv.) civil and canon 
law. The number of subjects in which examinations are held 
has since grown immensely. We can only sketch in outline 
the transformations of certain typical university systems of 
examinations. 

At Oxford there is no record of a process of formal examination 
on books similar to that of Paris (Rashdall, ii. 442 et seq.), 
disputations being apparently the only test applied in its early 
history. Examinations were definitely introduced for the B.A. 
and M.A. degrees by Laud in 1636-1638 (Brodrick, History of 
Oxford, p. 114), but the standard prescribed was so much beyond 
the actual requirements of later times that it may be doubted if 
it was enforced. The studies fell in the 18th century into an 
" abject state," from which they were first raised by a statute 
passed in 1800 {Report of Oxford University Commission of 
1830-18 j2, p. 60 et seq.), under which distinctions were first 
allotted to the ablest candidates for the bachelor's degree. 
Further changes were made in 1807 and 1825; and in 1830 a 
distinction was made between honours examinations of a more 
difficult character, at which successful candidates were divided 
into four classes, and pass examinations of an easier character. 
By the statutes of 1849 and 1858 an intermediate " Moderations " 
examination was instituted between the preliminary examination 
called " Rcsponsions " and the final examination. Since 1850, 
although fresh subjects of examination have been introduced, 
no considerable change of system has been made. 

The bachelor's degree at Oxford tended from an early period to 
be postponed to an advanced stage of studies, while the require- 
ments for the master's degree diminished until, in 1807, the 
examination for the M.A. was abolished. It is now awarded to 
bachelors of three years' standing on payment of a fee. 

Cambridge in early times followed the example of Oxford, 
and here also the bachelor's degree became more and more 
important (Bass Mullinger, History of the University of Cambridge 
from 1535 . . . , p. 414), and the M.A. has been finally reduced to 
a mere formality, awarded on terms similar to those of the sister 
university. The standard of examinations was raised in Cam- 
bridge at an earlier date than at Oxford, and in the 18th century 
the tripos " established the reputation of Cambridge as a School 
of Mathematical Science." The school, however, produced 
few, if any, great mathematicians between Newton and George 
Green. It was only between 1830 and 1840 that the standard 
of the tripos became a high one. At Cambridge there is no 
intermediate examination between the " Previous Examination " 
(commonly called "Little-go"), which corresponds to Oxford 
" Responsions " or " Smalls " and the triposes and examinations 
for the " Poll " degree, which correspond to the Oxford final 
honours and pass examinations respectively. But most of the 
triposes have been divided into two parts, of which the second is 
not obligatory in order to obtain a degree. The ' ' senior wrangler " 
was the first candidate in order of merit in the first part of the 
mathematical tripos. The abolition of order of merit at this 
examination was decided on in 1906, and names of candidates 
appeared in this order for the last time in 1909. 

-At the Scottish universities the B.A. degree has become 
extinct, and the M.A., awarded on the results of examination, 
is the first degree in the faculty of arts. 

The incorporation of the university of London in 1836 marks an 
era in the history of examinations; the teaching and examining 
functions of a university were dissociated for the first time. 
Until 1858 the London examinations were open only to students 
in affiliated colleges, and the teachers had no share in the appoint- 
ment of the examiners or indetermining the curricula for examina- 
tions; in 1858 the examinations were thrown open to all comers, 
and no requirements were insisted on with regard to courses of 
study except for degrees in the faculty of medicine. The sole 
function of the university was to examine, and its examinations 
for matriculation and for degrees in arts and science were carried 
on by means of written papers not only in London but in many 
centres in the United Kingdom and the colonies. From the 



EXAMINATIONS 



43 



first the degrees were (unlike, those of Oxford and Cambridge 
until 1871) open to all male persons without religious distinctions; 
and in 1878 they were opened to women. (Tripos examinations 
were thrown open to women at Cambridge by the grace of 24th 
Feb. 1881, and at Oxford women were admitted to examinations 
for honours by statute of 29th April 1884. Proposals to admit 
women to university degrees were rejected by Oxford and 
Cambridge in 1896 and 1897 respectively.) 

The standard of difficulty set by the university of London 
was a high one, very much higher for its pass degrees than the 
corresponding standards at Oxford and Cambridge, while the 
standard for honours was equally high. In medicine the 
examinations were made both wider in range and more searching 
than those of any other examining body. But, for reasons dealt 
with below, great discontent was roused by the new system. 
In 1880 the Victoria University, Manchester, was established, 
in which teaching and examining were again united; and in the 
universities since established, with the exception of the Royal 
University of Ireland (which was created in 1880 as an examining 
body on the model of London, but which was dissolved under the 
Irish Universities Act 1908, and replaced by the National Univer- 
sity of Ireland and the Queen's University of Belfast), the pre- 
cedent of Victoria has been followed. By an act passed in 1898, 
of which the provisions came into force in 1900, the university of 
London was reconstituted as a teaching university, although 
provision was made for the continuance of the system of examina- 
tions by " external examiners " for " external students," together 
with " internal examinations " for " internal students," in which 
the teachers and the external examiners of the university are 
associated. The examinations in music and the final examina- 
tions in law and medicine are carried on [1910] both for 
" internal " and " external " students by " external " examiners 
only, who are, however, appointed on the recommendation of 
boards of studies consisting mainly of London teachers. 

At the university of Dublin, examinations have been main- 
tained both for the B.A. and M.A. degrees, and students may be 
admitted to the examinations in subjects other than divinity, 
law, medicine, and engineering without attendance at university 
courses. 

The examinations of the newer universities, the Victoria Uni- 
versity of Manchester, Birmingham, Liverpool, Leeds, Sheffield 
and Wales, are open only to students at these universities, 
and are conducted by the teachers in association with one or 
more external examiners for each subject. In some universities, 
e.g. Manchester, the M.A. degree is given after examination to 
students who have taken a pass, and without examination to 
those who have taken an honours degree. 

The universities which have departed furthest from the 
medieval system of examinations, at any rate in appearance, 
are those of Germany. The baccalaureate has disappeared, 
but students cannot be matriculated without having passed the 
Abituriejiten-examen (see below), probably the most severe of 
all entrance examinations (foreign students may be exempted 
under certain conditions). The student desiring to proceed to 
the doctorate is free from examinations thereafter until he 
presents his thesis for the doctor's degree, 1 when, if it is accepted, 
he is submitted to a public oral examination not only in his 
principal subject (Hauptfach), but also as a rule in two or more 
collateral subjects (Nebenfacher). The doctor's degree does not 
give the right to teach in a faculty (venia legendi). To acquire 
this a doctor must present a further thesis (Habilitationsschrift), 
and must deliver two lectures, one before the faculty, followed 
by a discussion (colloquium), the other in public; but these 
lectures " seem to be merely secondary and are tending to become 
so more and more"; "scientific productiveness is so sharply 
emphasized among the conditions for admission that it over- 
shadows all the rest " (Paulsen, loc. cit. p. 165). 

1 It should be mentioned that the professors of chemistry of a 
number of German, Austrian and Swiss universities, have, by agree- 
ment, instituted an intermediate examination in that subject which 
students are required to pass before beginning work on the doctoral 
thesis. The examination of the students is conducted by the teachers 
concerned. 



In France the examination for the baccalaureate, though 
conducted in part by university examiners, has become a school- 
leaving examination (see below). The licentiateship has been 
preserved in the faculties of arts, science and laws, and is in 
point of difficulty about equal to the pass degree examinations 
of the university of London, though differing in the nature of the 
tests. In the faculty of sciences, the three subjects of examina- 
tion selected may, under a recent regulation, be taken separately. 
Until a few years ago the successful candidates at the licentiate- 
ship were arranged in order of merit. For the doctorate in the 
faculty of letters two theses must be submitted, of which the 
subject and plan must be approved by the faculty (until recently 
one of them was required to be written in Latin) . Permission 
to print the theses is given by the rector or vice-rector after 
report from one or more professors, and they are then discussed 
publicly by the faculty and the candidate (soutenance de these). 
In this public discussion the " disputation " of the middle ages 
survives in its least changed form. The literary theses required 
by French universities are, as a rule, volumes of several hun- 
dred pages, and more important in character even than the 
German Habilitationsschrift. The possession of the doctorate 
is a sine qua non for eligibility to a university chair, and to a 
lectureship in the university of Paris. 

In the faculty of sciences a candidate for the doctorate may 
submit two theses, or else submit one thesis and undergo an 
oral examination. 

For the doctorate in law, a thesis and two oral examinations are 
required. 

In the faculty of medicine there is no licentiateship, but for 
the doctorate six examinations must be passed and a thesis 
submitted. 

There is also a special doctorate, the " doctoral d' Universite," 
awarded on a thesis and an oral examination; and there are 
diplomas (Dipldmes d'Htudes superieures) awarded on disserta-» 
tions and examinations on subjects in philosophy, history and 
geography, classics or modern languages, selected mainly by the 
candidate and approved by the faculty. 

2. Professional Examinations, (a) Teaching. — University ex- 
aminations for degrees having ceased to be used as technical 
tests of teaching capacity, new examinations have been devised 
for this purpose. The test for German university teachers has 
been described above. For secondary teachers, W. von Hum- 
boldt instituted a special examination in 18 10 (Paulsen, Gesch. 
des gelehrlen Unlerrichts, ii. pp. 283 and 393), and an examina- 
tion for primary teachers was instituted in Prussia in 1794. 

In France there is a competitive examination for secondary 
teachers, the agregation, originally established in 1766. Agrigts 
have a right to state employment and they alone can occupy the 
highest teaching post (chaire de professeur) in a state secondary 
school, other posts being open to licentiates. There are also 
examinations for primary teachers. The tests for teachers are 
different for the two sexes. 

In England there is no obligatory test for secondary teachers. 
The universities and the College of Preceptors conduct examina- 
tions for teaching diplomas. The Board of Education holds 
special examinations (Preliminary Certificate examination and 
Certificate examination, &c.) for primary teachers. 

(b) Medicine. — See Medical Education. 

(c) Other Professions. — A system of professional examinations 
carried on by professional bodies, in some cases with legal 
sanction, was developed in England during the 19th century. 
Those in the following subjects are the most important: 
Accountancy (Institute of Chartered Accountants and Society 
of Accountants and Auditors), actuarial work (Institute of 
Actuaries), music (Royal Academy of Music, Royal College of 
Music, Trinity College of Music, Royal College of Organists, and 
the Incorporated Society of Musicians) , pharmacy (Pharmaceuti- 
cal Society), plumbing (the Plumbers' Company), surveying 
(Surveyors' Institution), veterinary medicine (Royal College of 
Veterinary Surgeons), technical subjects, e.g. cotton-spinning, 
dyeing, motor-manufacture (City & Guilds of London Institute), 
architecture (Royal Institute of British Architects), commercial 



44 



EXAMINATIONS 



subjects, shorthand (the Society of Arts and London Chamber 
of Commerce), engineering (Institutions of Civil Engineers, of 
Mechanical Engineers, and of Electrical Engineers). 

3. School-leaving Examinations. — The faculty of arts in 
medieval universities covered secondary as well/as higher 
education in the subjects concerned. The division in arts subjects 
between secondary and university education has been drawn at 
different levels in different countries. Thus the first two years 
of the arts curriculum in English and American universities 
correspond, roughly speaking, to the last two years spent in a 
secondary school of Germany or' France, and the continental 
" school-leaving examinations " correspond to the intermediate 
examinations of the newer English universities and to the pass 
examinations for the degree at Oxford and Cambridge (Mark 
Pattison, Suggestions on Academical Organization, 1868, p. 238, 
and Matthew Arnold, Higher Schools and Universities in 
Germany, 1892, p. 209). 

A tabular summary is given (see Tables I., II., III., IV.) of the 
requirements of the secondary school-leaving examinations of 
France, Prussia (for the nine-year secondary schools) and 
Scotland, and of the university of London. 

There are in England a number of school examinations which, 
under prescribed conditions, also serve as school-leaving examina- 
tions, and give entrance to certain universities, especially the 
Oxford and Cambridge local examinations (both established in 
1858), and the examinations of the Oxford and Cambridge "Joint 
Board." A movement to reduce the number of entrance examina- 
tions and to secure uniformity in their standard was set on foot in 
1 90 1. In that year the General Medical Council communicated 
to the Board of Education a memorial on the subject from 
the Headmasters' Conference. The memorial was further com- 
municated to various professional bodies concerned. Conferences 
were held by the consultative committee of the Board of Educa- 
tion in 1903, with representatives of the universities, the Head- 
masters' Conference, the Association of Head-Masters, the 
Association of Head-Mistresses, the College of Preceptors, the 
Private Schools' Association, and with representatives of pro- 
fessional bodies. The committee were of opinion that a central 
board, consisting of representatives of the Board of Education 
and the different examining bodies, should be established, to 
co-ordinate and control the standards of "the examinations, 
and to secure interchangeability of certificates, &c, as soon as 
a sufficient number of such bodies signified their willingness to 
be represented on the board. They recommended that the 
examination should be conducted by external and internal ex- 
aminers, representing in each case the examining body and the 
school staff respectively, and that reports on the school work of 
candidates should be available for reference by the examiners 
(circular of the Board of Education of 12th of July 1904). 

The " accrediting " system in the United States was started by 
the university of Michigan in 187 1. A school desiring to be 
accredited is submitted to inspection without previous notice. 
If the inspection is satisfactory, the school is accredited by a 
university for from one to three years, and upon the favourable 
report of its principal any of its students are admitted to the 
university by which it has been accredited without any entrance 
examination. In practice it is found that many students whom 
their teachers refuse to certify are able to pass the university 
entrance examination. The statistics of nine years show that the 
standard of the certified students is higher than that of non- 
certified students. Two hundred and fifty schools are accredited 
by the university of Michigan. In 1904 it was stated that the 
system was gaining favour in the east, 1 and that it had been 
adopted more or less by all the eastern colleges and universities 
with the exception of Harvard, Yale, Princeton and Columbia. 

4. Methods of Examination. — Examinations may test (i.) 
knowledge, or, more exactly, the power of restating facts and 
arguments of a kind that may be learnt by rote; (ii.) the power 

1 See E. E. Brown in Monographs on Education in the United 
States (ed. by N. M. Butler, 1900, i. 164), and T. Gregory Foster and 
H. R. Reichel, Report of Mosely Educational Commission (1904), 
pp. 117-119 and 288-289. 



Written. 



of doing something, e.g. of making aprScis of a written document, 
of writing a letter or a report on a particular subject with a 
particular object in view, of translating from or into a foreign 
language, of solving a mathematical problem, of criticizing a 
passage from a literary work, of writing an essay on an historical 
or literary subject with the aid of books in a library, of diagnosing 
the malady of a patient, of analysing a chemical mixture or com- 
pound; and (the highest form under the rubric) of making an 
original contribution to learning or science as the result of 
personal investigation or experiment. Examinations are carried 
out at present by means of (1) written papers; (2) oral examina- 
tions; (3) practical, including in medicine clinical, tests; (4) 
theses; or a combination of these. 

In written examinations the candidates are, as a rule, supplied 
with a number of printed questions, of which they must answer 
all, or a certain proportion, within a given time, 
varying, as a rule, from ij to 3 hours, the latter being 
the duration most generally adopted for higher examinations in 
England. Whereas in France and Germany the questions are 
generally few in number and require long answers, showing 
constructive skill and mastery of the mother-tongue on the part 
of the candidates, such "essay-papers" are comparatively rare 
in England. In many subjects, the written examinations test 
memory rather than capacity. It has been suggested that sets 
of questions to be answered in writing should as a rule be divided 
into two parts: (i.) a number of questions requiring short answers 
and intended to test the range of the candidate's knowledge; 
(ii.) questions requiring long answers, intended to test its depth, 
and the candidate's powers of co-ordination and reflection. 
A necessary condition for the application of the second kind of 
test is that time should be given for reflection and for rewriting, 
say one-third or one-quarter of the whole time allowed. A 
further distinction is important, especially in such subjects as 
mathematics or foreign languages, in which it is legitimate to ask 
what precise power on the part of a candidate the passing of 
an examination shall signify. Owing to a prevailing confusion 
between tests of memory and tests of capacity, the allowance 
for chance fairly applied to the former is apt to be unduly 
extended to the latter. In applying tests of memory, it may be 
legitimate to allow a candidate to pass who answers correctly 
from 30 to 50% of the questions; such an allowance if applied 
to a test of capacity, such as the performance of a sum in addi- 
tion, the solution of triangles by means of trigonometrical tables, 
or the translation of an easy passage from a foreign language, 
appears to be irrational. A candidate who obtains only 50% 
of the marks in performing such operations cannot be regarded as 
being able to perform them; and, if the examination is to be 
treated as a test of his capacity to perform them, he should be 
rejected unless he obtains full marks, less a certain allowance 
(say 10, or at most 20%) in view of the more or less artificial 
conditions inherent in all examinations. 

The oral examination is better suited than the written to 
discover the range of a candidate's knowledge; it also serves 
as a test of his powers of expression in his mother- 
tongue, or in a foreign language, and may be used (as 
in the examination for entrance to the Osborne Naval College) 
to test the important qualities (hardly tested in any other 
examinations at present), readiness of wit, common-sense and 
nerve. It may be objected that candidates are heavily handi- 
capped by nervousness in oral examinations, but this objec- 
tion does not afford sufficient ground for rejecting the test, 
provided that it is supplemented by others. Oral tests are 
used almost invariably in medical examinations; and there 
is a growing tendency to make them compulsory in dealing 
with modern languages. Oral examinations are much more 
used abroad than in England, where the pupils during their 
school years receive but little exercise in the art of consecutive 
speaking. 

The laboratory examination may be used in subjects like 
physics, chemistry, geology, zoology, botany, anatomy, physio- 
logy, to test powers of manipulation and knowledge of 
experimental methods. In some cases (e.g. in certain honours 



Oral 



EXAMINATIONS 



45 



TABLE I.— PRUSSIA : ABITURIENTEN EXAMEN 



I. 


II." 


III. 


IV. 


V. 


VI. 


VII. 


Name of . 
Examination. 


Minimum Age 
for Entry. 


Length of Course 
of Study. 


Subjects. 


Co-ordination with 
Teaching. 


Examiners. 


Nature of Examination and 
General Remarks. 


Abilurienten 


Age only limited 


9 years. 


In Gymnasium. 


The object of the ex- 


The Examining Board 


The written examination 


Exam en 
(established in 


by condition of 
length of school 


Candidates who 


■ f German essay. 
S Mathematics. 
£-< Translation into Latin. 
> Translation from Greek into 
■ "■* L German. 


amination is defined 
as being a test of 


consists of a govern- 
ment inspector (der 


extends over four or five 
days. Only one paper is 


1788). 


course. The 
usual age is 
17-38. 


have not at- 
tended the 9 

years' school 


whether the candi- 
date has fulfilled the 
aims laid down in the 


K'dnigliche Kommis- 
sar) acting as chair- 
man, the headmaster 


given each day, for which 
3 to 5J hours are allowed 
($i hours fpr the German 




course may be 


curricul a, &c ., pre- 


of the school, and the 


essay). For essays _ in 






admitted to the 


f Latin. 


scribed for a Gym- 


teachers of the high- 


foreign languages diction- 






examination on 


. Greek. 


nasium, Real-gym- 


est classes in the 


aries may be used. 






special ap- 


*t3 J English or French. 


nasium or Ober-real- 


school. The inspector 








plication. 


O j Religion. 

History. 


schule, as the case 
may be, and the sub- 
jects of examination 


may nominate: a 
' deputy, who is, as a 










[_ Mathematics. 


rule, the headmaster 










In Real -Gymnasium. 


are those prescribed 
in the curricula for 


of the school. 

Each teacher con- 










. 


Lrerman essay. 
Mathematics. 
Translation from Latin. 
Translation from German into, 
or essay in, English or French. 


the kind of school 


cerned selects for (he 










g 


concerned. 


written examination 










1- 


The report on the 


three alternative sub- 










£ 


school Work of each 


jects in his branch, 










candidate in his 


from which, after 












_ Physics. 


various subjects is 


receiving a report 












" Latin. 


laid before the Exam- 


: thereon from the 












English. 


ining Board before 


headmaster, the in- 










_; 


French. 


the beginning of the 


spector makes a final 










u.- 


Physics or Chemistry. 


examination. 


choice. 


• 











Religion. 
History. 
Mathematics. 




The papers are 
marked by the 
teachers concerned, 


1 








In Ol?er-Rcalsckule. 




and circulated to the 
whole Board of Ex- 


| 










German essay. 




aminers, who then 


1 










Mathematics. 




decide whether in- 


1 











An exercise in French and in 




dividual candidates 


] 








.-5- 


English (an essay in one lan- 




shall be (i.) rejected, 


1 








£ 


guage and a translation from 




(ii.) admitted with 


I 








the other into German). 




exemption from the 


i 










Physics or Chemistry. 




oral examination, or 












r English. 




(iii.) submitted to the 












French. 




oral examination. 










■ 


Physics. 














d- 


Chemistry. 

















Religion. 
History. 
t Mathematics. 









TABLE II.— FRANCE : BACCALAUREAT 



Name of 
Examination. 



Baccalaurcat dc 
I'cnseignement 
secondaire. 

This examina- 
tion has been 
carried on 
under different 
forms since 
180S. The reg- 
ulations sum- 
marized here 
date fromigo2. 
when the 
bacc a laureat 
described re- 
place d the 
baccalaurCat- 
es-U' tires, bac- 
calaurcat- es- 
scicnccs, and 
baccalaurta I 
de Venseifnc- 
ment moderne. 



II. 

Minimum Age 

for Entry. 



Part I., 16, or, 

with special 
permission, 15. 
Part II. may not 
be taken within 
a n academic 
year after pass- 
ing Part I. 



III. 

Length of Course 
of Study. 



There is no re- 
quirement of 
attendance. 
Part I. of the 
examination 
corresponds ex- 
actly to the 
subjects taken 
in the "second 
cycle"of secon- 
dary education, 
and Part II. to 
the (lasse de 
philosophic 
and classe de 
math e m a- 
liqttes. 

See also under V. 



IV. 
Subjects. 



Part I. is divided into four Branches, 
viz.: — 

(1) Latin-Greek. 

(2) Latin-modern languages. 

(3) Latin-science. 

(4) Science-modern languages. 

In each Branch the examination is 
divided into two parts, viz., written 
and oral. The nature of the ex- 
amination may be indicated by 
the following requirements in 
Branch (1): — 

(i.) French composition. 

(ii.) Translation from Latin. 
(iii.) Translation from Greek. 

(i.) Explanation of a Greek 

text. 
(ii.) Explanation of a Latin 

text. 
(iii.) Explanation of a French 

text. 
(iv.) Test in a modern foreign 

language, 
(v.) Interrogation on ancient 

history. 
(vi.) Interrogation on modern 

history. 
(vii.) Interrogation on geo 

graphy. 
(viii.) Interrogation on mathe- 
matics. 
(ix.) Interrogation on physics. 
Part II. is divided into two 
Branches, viz.: — 

(1) Philosophy. 

(2) Mathematics. 

The nature of the examination may 
be indicated by the following re- 
quirements in Branch (1): — 

(i.) An essay in French on a 
philosophical subject, 
(ii.) An examination in physical 

and natural science, 
(i.) Interrogation on philosophy 
and philosophical writers. 
(ii.) Interrogation on contem- 
porary history. 
(ui.) Interrogation on physical 

science. 
(iv.) Interrogation on natural 
science. 



Co-ordination with 
Teaching. 



The syllabus of the ex- 
amination is that pre- 
scribed for the higher 
classes in the Gov- 
ernment secondary 
schools. 

The candidate may 
submit his livret 
scolaire, or school 
record, which will be 
taken into account. 



1/ 



VI. 
Examiners. 



The Board of Exam- 
. iners (or "jury") 
consists of (i.) Uni- 
versity examiners 
being members of a 
faculty of letters or 
facul ty of sciences ; 
(ii.) secondary 
teachers, active or 
retired, selected by 
the minister of public 
instruction. The 
Board consists of 
from four to six ex- 
aminers, of whom, 
when the number is 
even, half are chosen 
from either category. 



VII. 

Nature of Examination and 

General Remarks. 



The written portion of 
Part I. extends over 
from 9 to 10 hours in 
all (not on a single day), 
in periods of 3 or 4 hours 
each; the written portion 
of Part II. extends over 
from 6 to 9 hours. The 
oral examination for each 
part lasts \ hour on the 
average, and is public. 



46 



EXAMINATIONS 

TABLE III— SCOTLAND: SCHOOL-LEAVING EXAMINATION 



Name of 
Examination. 



Scottish school- 
leaving exam- 
ination (estab- 
lished 1888). 
(See pamphlet 
on the "Leav- 
ing Certificate 
Examination " 
issued by the 
Scottish Edu- 
cation Depart- 
ment, 1908.) 



Minimum Age 
for Entry. 



17 onxstof Janu- 
ary following 
the year in 
which the can- 
didate passes 
the last of the 
written exam- 
inations. 



Length of Course 
of Study. 



IV. 

Subjects. 



Candidates roust pass in four subjects 
on the higher grade standard, or 
in three subjects on the higher 
grade standard and two on the 
lower. A pass in drawing is 
accepted in lieu of one of the two 
lower grade passes. A pass in 
Gaelic is reckoned as a pass on the 
lower grade. All candidates must 
have passed in higher English and 
in either higher or lower grade 
mathematics. The remaining sub- 
jects may be either science with 
one or more languages (Latin, 
Greek, French, German, Spanish, 
or Italian), or languages only. But 
where two or more languages other 
than English are taken, the candi- 
date's group must include either 
higher or lower grade Latin. A 
pass in Spanish, Italian, or science 
(in which subjects there is only one 
examination) is reckoned as a pass 
on the higher grade standard. 



Co-ordination with 
Teaching. 



Schools are inspected, 
and the course 01 
instruction must be 
approved by the Scot- 
tish Education De- 
partment, but the 
examinations are con- 
ducted by external 
examiners with whom 
teachers are not 
associated. 



VI. 

Examiners. 



The examiners are ap- 
pointed by the Scot- 
tish Education De- 
partment. 



VII. 

Nature of Examination and 
General Remarks. 



The examination consists 
of a written examination 
and an oral examination, 
on which stress is laid. 
The length of the ex- 
amination varies with the 
subjects selected. The 
periods of examination 
vary from 1 to 2£ hours. 
If the candidate selects 
on the higher grade, 
English, Latin, mathe- 
matics, and French, the 
examination extends over 
ia£ hours. 



TABLE IV.— UNIVERSITY OF LONDON SCHOOL EXAMINATION, MATRICULATION STANDARD 



1. 

Name of 

Examination. 



School examina- 
tion, matricula- 
tion standard 
(established in 
1902). 

Note — A higher 
school -leaving 
certificate is 
awarded to 
pupils who(i.) 
have pursued 
an approved 
course of study 
for a period of 
years at a 
school or 
schools under 
inspection ap- 
proved by the 
University; 
and (ii.) being 
matriculated 
students, have 
passed the 
higher school 
examination" 
in at least three 
subjects at one 
and the same 
examination. 



II. 

Minimum Age 

For Entry. 



The 



minimum 
age of entry 
is 15, but if the 
candidate is 
under 16 he 
must remain at 
school until he 
is 16 years of 
age in order to 
be qualified for 
the school-leav- 
ing certificate, 
and cannot be 
registered as a 
student of the 
University un- 
til he has 
reached that 
age. 



III. 

Length of Course 

of Study. 



The curriculum 
of each school 
is considered 
,on its own 
merits. 



IV. 

Subjects. 



Pupils must satisfy the examiners 
in not less than five subjects, as 
follows: — • 

(1) English. 

(a) Elementary mathematics. 

(3) Latin, or elementary mechanics, 

or elementary physics — heat, 
light and sound, or elementary 
chemistry, or elementary botany, 
or general elementary science. 

(4) and (5) Two of the following 

subjects, neither of which has 
already been taken under section 
(3). If Latin be not taken, one 
of the other subjects selected 
must be another language, either 
ancient or modern, from the 
list, and languages other than 
those included in the list may 
be taken if approved by the 
University, provided that the 
language is included irf the 
regular curriculum : — Latin, 
Greek, French, German, ancient 
history, modern history, history 
and geography, physical and 
general geography, logic, geo- 
metrical and mechanical draw- 
ing, mathematics (more ad- 
vanced), elementary mechanics, 
elementary chemistry, elemen- 
tary physics — heat, light and 
sound, elementary physics — 
electricity and magnetisrp, ele- 
mentary biology — botany, ele- 
mentary biology — zoology, gen- 
eral elementary science (chem- 
istry and physics). 



Co-ordination with 
Teaching. 



Schools under approved 
inspection, and course 
of instruction ap- 
proved by the Uni- 
versity. 

The papers are 
ordinarily set on the 
matriculation sylla- 
bus, but papers may 
be specially set more 
closely in accordance 
with the school 
curriculum provided 
that the syllabus pro- 
posed is approved by 
the University as at 
least equivalent to 
that for which it is 
substituted. 



VI. 

Examiners. 



The examiners are 
ordinarily those ap- 

&ointed by the 
niversity for the 
ordinary matricula- 
tion examination. 



VII. 

Nature of Examination and 
General Remarks. 



The examination extends 
over at least 18 hours, 
and includes _ an oral ex- 
amination . in modern 
languages. 



Practical. 



examinations) the examination may be prolonged over one or 
more days, and may test higher powers of investigation. But 
such powers can only be fully tested by the perform- 
ance of original work, under conditions difficult to 
fulfil in the examination room or laboratory. At the French 
examinations for the prix de Rome the candidates are required 
to execute a painting in a given number of days, under strict 
supervision (en loge). 

In medicine the clinical examination of a patient is a test 
carried out under conditions more nearly approaching those of 
actual work than any other; and distinction in medical examina- 
tions is probably more often followed by distinction in after life 
than is the case in other examinations. 

For the doctor's degree (where this is not an honorary dis- 
tinction) a thesis or dissertation is generally, though not in- 
variably, required in England. Of recent years the 
thesis has been introduced into lower examinations; 
it is required for the master's degree at London in the case of 
internal students, in subjects other than mathematics (1910); 



Thesis. 



both at Oxford and London, the B.Sc. degree, and at Cambridge 
the B.A. degree, may be given for research, although the number 
of students proceeding to a degree in this way is at present 
relatively small. In certain of the honours B.A. and B.Sc. 
examinations at Manchester and Liverpool, candidates may take 
the written portion of the examination at the end of the second 
year's course of study and submit a dissertation at the end of 
the third year. Theses are generally examined by two or more 
specialists. 

5. Competitive Examinations. — The arrangement of students in 
order of merit led naturally to the use of examinations not only 
as a qualifying but also as a selective test, and to the offering of 
money prizes (including exhibitions, scholarships and fellowships) 
on the results. In 1854 selection by examination as a method 
of appointment to posts in the English public service was first 
substituted for the patronage system, which had caused grave 
dissatisfaction (see Macaulay's speech on the subject, The Times 
of the 25th of June 1853). The first public competitive examina- 
tion for the Royal Military Academy, Woolwich, took place in 



EXAMINATIONS 



47 



1855, and in 1870 the principle of open competition for the civil 
service was adopted as a general rule. (For further details 
see Civil Service.) 

In the Wurttemberg civil service candidates are admitted to 
a year's probation after passing a theoretical examination, at 
the conclusion of which they must pass an examination of a more 
practical character (A. Herbert, Sacrifice of Education . . .,1889, 
p. in). 

In the award of scholarships, &c, it should be definitely decided 
whether the scholarship is to be awarded (1) for attainment, 
in which case the examination-test pure and simple may suffice, 
or (2) for promise, in which case personal information and a 
curriculum vitae are necessary. To take a simple instance: a 
candidate partly educated in Germany may obtain more marks 
in German at a scholarship examination than another who is 
more gifted, but whose opportunities have been less; the question 
at once arises, are the examiners to take the circumstances of 
the candidate into account or not ? It is understood that at the 
colleges of the older universities such circumstances are con- 
sidered. It must again be decided whether the financial circum- 
stances of candidates are to be taken into account; are scholar- 
ships intended as prizes, or as a means of enabling poor students 
to obtain a university education ? In some cases wealthy 
students have been known to return the emoluments of scholar- 
ships. It many universities of the United States there is a 
definite understanding that emoluments shall only be accepted 
by those needing them. It would not be difficult to ask candi- 
dates to make a confidential declaration on this subject on 
entrance and to establish in Great Britain a tradition similar 
to that of the United States, and steps in this direction have been 
taken both at Oxford and Cambridge (LordCurzonof Kedleston, 
University Reform, p. 86). 

A special allowance may be made for age. In certain scholar- 
ship examinations held formerly by the London County Council 
a percentage was added to the marks of each candidate pro- 
portionate to the number of months by which his age fell short 
of the maximum age for entry. The whole subject of entrance 
scholarships at English schools and universities, and especially 
their tendency to produce premature specialization, has recently 
been much discussed. 

6. The Organization and Conduct of Examinations.- — The 
organization and conduct of examinations, in such a way that 
each candidate shall be treated in precisely the same way as 
every other candidate, is a complex matter, especially where 
several thousand candidates are concerned. The greatest 
precautions must be taken to ensure the secrecy of the examina- 
tion papers before the examination, and the effective isolation 
of individual candidates during the examination. The super- 
vision should be adequate to remove all temptation to copying. 
The hygienic conditions should be such as to reduce the strain 
to a minimum. The question of the mental fatigue produced 
by examinations has been studied by certain German observers, 
but has not yet been fully investigated. 

7. Marking, Classification and Errors of Detail. — In applying 
a single test in a qualifying examination it would be sufficient 
to mark candidates as passing or failing. But examinations 
consist as a rule of a number of tests, each one of which is complex; 
and a mark is recorded in respect of each test or portion of a 
test in order to enable the examining body to estimate the per- 
formance, considered as a whole, of the candidate. At Oxford 
the marks are not numerical, but the papers are judged as of this 
or that supposed " class," and various degrees of merit are 
indicated by the symbols a, fi, 7, 8, to which the signs + or — 
may be prefixed, according as they are above or below a 
certain standard within each class. At Cambridge, numerical 
marks are used. The advantage of numerical marks is that they 
are more easily manipulated than symbols; the disadvantage, 
that they produce the false impression that merit can be estimated 
with mathematical accuracy. Professor F. Y. Edgeworth, in 
two papers on " The Statistics of Examinations " and the 
" Element of Chance in Competitive Examinations " (Journal 
of the Royal Statistical Society, 1888 and 1890), has dealt with 



the subject, although on somewhat limited lines. His investiga- 
tions show clearly that with candidates near the border-line of 
failure, which must necessarily be fixed at a given point (subject 
to certain allowances, where more than one subject is considered), 
the element of chance necessarily enters largely into the question 
of pass and failure. The fact may be stated in this way: — the 
general efficiency of the test being granted, it is true to say that 
the large majority of those who pass an examination will be 
superior in efficiency to those who fail; but a few of those who 
fail may be superior to a few of those who pass. These errors are 
not peculiar to the examination system, they are inherent in 
all human judgments. It is necessary to allow for them in 
considering the failure of an individual candidate as an index 
of inefficiency. 

The element of chance, which prevails in the region on either 
side of the border between pass and failure, obviously prevails 
equally on either side of the border between " classes," where 
candidates are classified; it has been suggested by Dr Schuster 
that numerical order should accompany classification so as to 
avoid the creation of an artificial gap between the last candidate 
in one class and the highest in the next. Edgeworth's objection 
to such an argument is that the number of uncertainties is far 
less when candidates are classed than when they are placed in 
ostensible order of merit. 

The difficulties of comparison of marks are further complicated 
when students take different subjects and it is necessary to 
compare their merit by means of marks allotted by different 
examiners and added together. In a pass examination the 
question has to be considered how far, if at all, excellence in one 
subject shall compensate for deficiency in another, a question 
which is indeterminate until the precise object of the whole 
examination is formulated. In the competitive examination 
for the Indian civil service, places are allotted on the aggregate 
of marks obtained in a number of subjects selected by the 
candidate from a list of thirty-two. The successful candidates are 
compared a year later on the results of another examination in 
which there is again a choice, though a much more limited one. The 
order of merit in the two examinations is, as a rule, very different. 

Two further points may be noted. An examiner may have 
underestimated the time required to answer the questions which 
he has set; this will be obvious if with a large number of 
candidates (say 300 or 400) none approaches the maximum 
mark. In this case the maximum should be reduced. Again, it 
is generally recognized to be undesirable to give marks for a 
smattering. In order to avoid this various devices are adopted. 
The simplest is to award a proportion of marks (say 10 to 15, 
or even 20%) for " general impression." In some examinations, 
unless say 20% or more marks are obtained for a particular 
subject, no credit is given for the paper in that subject. Latham 
(The Action of Examinations, 1877, p. 490) describes other 
numerical adjustments used to meet this difficulty, especially 
that used in English civil service examinations. The numerical 
results of the civil service examinations are reduced so as to 
conform to a certain symmetrical "frequency-curve," of which 
the abscissae represent percentages of marks between definite 
limits and the ordinates the number of candidates obtaining 
marks between those limits. C. E. Fawsitt (The Education of 
the Examiner, Royal Philosophical Society of Glasgow, 1905) 
shows that frequency-curves deduced from actual investigation 
of class-marks are not symmetrical, but have two maxima 
corresponding to the performance of " non-workers " and of 
" workers." In pass examinations of a well-known character 
there is a maximum just beyond the pass mark, this being the 
point of efficiency at which many students aim. 

8. The Object and Efficiency of Examinations, and their Indirect 
Effects. — In order to estimate the efficiency of an examination 
as a test, the precise question should be asked in each case — - 
what is it intended to test? Much of the evil attributed to, 
and resulting from, examinations is due to the fact that this 
question has not been definitely put, and that a test legitimate 
for certain purposes has been used for others to which it is 
unsuited. Examinations are suited in the first instance for the 



48 



EXAMINATIONS 



purpose for which they were originally designed in medieval 
universities — the test of technical and professional capacity; it 
has never been proposed to abolish qualifying examinations for 
doctors, pharmaceutical chemists, &c.; the tests applied are 
(or should be) direct tests of capacity carried out under con- 
ditions as nearly as possible like those of actual practice. If a 
student can auscultate correctly, or make up a prescription, at 
an examination, he will in all probability be able to do so in other 
circumstances. 

Examinations as tests of the knowledge of isolated facts are 
necessarily of relatively small value, because the memory of such 
facts is transient; and memorization of a large number of facts 
for examination purposes is generally admitted to be specially 
transient; the " knowledge-test," considered apart from a 
test of capacity, is in fact not a test of permanent knowledge, 
but of the power of retaining facts for a length of time which it is 
impossible to estimate and which with some candidates extends 
over a few weeks only. When used as tests of " general culture," 
examinations, in the view of Paulsen, based on a study of German 
education, not only fail in their purpose, but tend to destroy the 
faculties which it is desired to develop (Geschichte des gelehrten 
Unterrichts, ii. 684 et seq.); to prepare ready answers to the 
numberless questions which an examiner may ask on a large 
variety of subjects is to paralyse the natural and free activity 
of the mind (cf. A. C. Benson on the results of English secondary 
classical education, From a College Window, 3rd ed., 1906, pp. 
154-177). If pushed to its logical conclusion the view of Paulsen 
must, it is submitted, lead to the complete abandonment at 
examinations of tests of " knowledge " as distinguished from 
direct tests of capacity. Thus isolated questions on details of 
grammar would disappear from papers on the mother-tongue 
and on foreign languages, in which the test would consist mainly 
or entirely of composition and translation. Erudition would 
be tested by the power of writing, at leisure, a dissertation on 
some subject selected by the examiners or the candidate or, in 
the case of a teacher, by the delivery of a lecture on the subject. 
At the French agregation candidates are given twenty-four 
hours for the preparation of a lecture of this kind. Such examina- 
tions would test the " skill in the manipulation of facts which is 
the true sign of a trained intelligence " (cf. K. Pearson, " The 
Function of Science in the Modern State," Ency. Brit. 10th ed. 
xxxii. Prefatory essay). They might possibly be supplemented 
by easy oral examinations to test both range of knowledge and 
readiness of 'mind. But in the case of a pupil who had passed 
through a good secondary school it would be as safe to rely for 
supplementary information under this head on the testimony 
of his teachers, as it is to rely on their evidence with regard to 
the fundamental and all-important element on which no examina- 
tion supplies direct information — personal character. 

The main arguments of those opposed to the examination 
system may be summarized as follows: (i.) Examinations 
tend to destroy natural interests and exclude from the attention 
of the pupil all matters outside the purview of the examination 
(they would not do so if examinations were so limited in character 
that preparation therefor could absorb only a fraction of the 
pupil's time) ; (ii.) they tend to cultivate a personal judgment 
where no personal basis of judgment is possible (this argument, 
directed mainly against the Oxford essay system, applies not to 
examinations in general, but to the character of the subjects 
set for essays) ; (iii.) competitive examinations on the home 
and Indian civil services scheme tend to diffuse mental energy 
over too many subjects (but see (xviii.) below) ; (iv.) examinations, 
especially competitive examinations, tend to become more and 
more difficult, difficulty being confused with efficiency — this has 
shown itself with the Cambridge mathematical tripos, in which 
for years questions of increasing difficulty were set on relatively 
unimportant subjects, until the examination was reformed 
(reply: all examinations should be overhauled periodically) ; 
(v.) they tend to paralyse the powers of exposition, all statements 
of knowledge being thrown into a form suitable, not for an 
uninstructed person, but for one who already possesses it, the 
examiner (this tendency should be counteracted by definite 



training in composition); iyi.) the sample of knowledge and 
capacity yielded at an examination is frequently not a fair 
sample; it is liable to extreme variations in a favourable sense, 
if the candidate happens to have prepared the precise questions 
asked; in an unfavourable sense, if the candidate is suffering 
from misfortune or from accidental ill-health, the latter, owing 
to the periodic function, occurring much more frequently in the 
case of women than of men — [the reform of examination 
methods may remove to a great extent the element of chance in 
questions set; in a competitive examination it is impossible to 
allow for ill-health; in a qualifying examination it is difficult 
to make any allowance unless the examination is definitely 
conducted in whole ot in part by the teachers, and the past record 
of the candidate is taken into account (cf. Paulsen, The German 
Universities, pp. 344-345)]; (vii.) examinations of several 
hundred candidates at a time cannot be rationally conducted 
so as to be equally fair to the individuality of all candidates; 
the individual test is the only complete one (it is admitted 
that examinations on a large scale necessarily involve a margin 
of error; but this error may be reduced to a minimum, especi- 
ally by a combination of oral and practical with written work) ; 
(viii.) the multiplicity of school examinations required for 
different reasons produces confusion in our secondary education 
(there is a growing tendency to admit equivalence of " school- 
leaving " and entrance examinations; thus entrance examina- 
tions of Oxford, Cambridge and London, and the Northern 
Universities Joint Board are interchangeable under certain 
conditions); (ix.) the multiplicity of examinations tends to 
" Underselling " (the success of the London examinations in 
medicine proves that a high standard attracts candidates as 
well as a low one ; possibly intermediate standards may be 
killed in the competition; it is by no means obvious that a 
uniform system of examinations would conduce to efficiency) ; 
(x.) examinations produce physical damage to health, especially 
in the case of women-students (on this point more statistical 
evidence is needed; see, however, Engelmann quoted by 
G. Stanley Hall, Adolescence, 1905, ii. 588 et seq.); (xi.) examina- 
tions have in England mechanically cast the education of women 
into the same mould as that of men, without reference to the 
different social functions of the two sexes (the remedy is 
obvious); (xii.) it is unjustifiable to give a man a university 
position on the results of his performance in the examination 
room, a practice common in England though almost unknown on 
the continent; a just estimate of a man's powers in research or for 
teaching can only be properly based on his performance. The 
present system merely leads to the transmission of the sterile art 
of passing examinations. (At Oxford and Cambridge many 
fellowships are now awarded on the results of examination ; it is 
sometimes stated, in defence of this system, that young men can- 
not be expected to carry out research in classics or philosophy.) 
On the other hand, the defenders of examinations reply that 
(xiii.) examinations are necessary in order to test the efficiency 
of schools to which grants of public money are given (this 
argument has become somewhat out of date owing to the recent 
substitution of " inspection " for examination as a test of the 
efficiency of schools; a combination of inspection and examina- 
tion is also sometimes used); (xiv.) they serve as a necessary 
incentive to steady and concentrated work 1 (the reply made to 
this is that the incentive is a bad one, and that with efficient 
teachers it is unnecessary); (xv.) they show both student and 
teacher where they have failed (unnecessary for efficient 
teachers) ; (xvi.) though possibly harmful to the highest class of 
men, they are good for the mass (reply: no system which 
damages the highest class of men is tolerable); (xvii.) they are 
indispensable as an impartial means of selecting men for the 
civil service; (xviii.) in a difficult examination like the first 
class civil service examination the qualities of quickness of com- 
prehension, industry, concentration, power of rapidly passing 

1 The Oxford commissioners of 1852 reported that " the ex- 
aminations have become the chief instruments not only for testing 
the proficiency of the students but also for stimulating and directing 
the studies of the place " {Report, p. 61). 



EXARCH— EXCELLENCY 



49 



from one subject to another, good health, are necessary for success, 
though not tested directly, and these qualities are valuable 
in any kind of work (this appears to be incontrovertible); 
(xix.) examination records show that success in examinations 
is generally followed by success in after-life, and the test is 
therefore efficient (it does not follow that certain rejected 
candidates may not be extremely efficient) ; (xx.) as a plea for 
purely " external examinations," teachers cannot be trusted 
to be impartial and it is better for a boy to " cram " than 
to curry favour with his teacher (Latham). 

The brief comments in brackets, appended above to the argu- 
ments, merely indicate what has beer, said or can be said on the 
other side. It can scarcely be doubted that in spite of the 
powerful objections that have been advanced against examina- 
tions, they are, in the view of the majority of English people, 
an indispensable element in the social organization of a highly 
specialized democratic state, which prefers to trust nearly all 
decisions to committees rather than to individuals. But in view 
of the extreme importance of the matter, and especially of the 
evidence that, for some cause or other (which may or may not 
be the examination system), intellectual interest and initiative 
seem to diminish in many cases very markedly during school 
and college life in England, the whole subject seems to call for 
a searching and impartial inquiry. 

Sources of Information. — The works mentioned above, and 
T. D. Acland, Some Account of the Origin and Objects of the New 
Oxford Examinations for the Title of Associate in Arts (London, 1858); 
Matthew Arnold, Higher Schools and Universities in Germany (1874); 
Graham Balfour, The Educational Systems of Great Britain and 
Ireland (2nd ed., Oxford, 1903); W. W. Rouse Ball, Origin and 
History of the Mathematical' Tripos (Cambridge, 1880) ; Adolf Beier, 
Die hoheren Schulen in Preussen und Hire LeHrer (1902-1906) (in 
progress) ; Cloudesley Brereton, " A New Method of awarding 
Scholarships," School World, 1907, p. 409; G. C. Brodrick, A 
History of the University of Oxford (London, 1886) ; F. Buisson, 
Diclionnaire de pedagogie (1880-1887); Lord Curzon of Kedleston, 
Principles and Methods of University Reform (1909); J. Demogeot 
and H. Montucci, De I 'enseignement superieur en Angleterre et en 
Ecosse (1870) ; H. Denifle, Die Universildten des Mittelalters bis 
1400 (Berlin, 1885); F. Y. Edgeworth, " The Statistics of Examina- 
tions," and " The Element of Chance in Competitive Examinations," 
Journal of the Statistical Society, 1888 and 1890 respectively; 
H. W. Eve, Lecture " On Marking," in The Practice of Education 
(Cambridge, 1883) ; Charles E. Fawsitt, The Education of thz Ex- 
aminer (Royal Philosophical Society of Glasgow) (Glasgow, 1905) ; 
J. G. Fitch, " The Proposed Admission of Girls to the University 
Local Examination," Education Miscellanies (1865), vol. x. ; W. 
Garnett, "The Representation of certain Examination Results," 
Journ. Statist. Soc._ (Jan. 1910) ; G. Stanley Hall, Adolescence 
(London, 1905) ; Sir W. Hamilton, Discussions on Philosophy 
(London, 1853) ; P. J. Hartog, " Universities, Schools and Ex- 
aminations " in the University Review (July 1905) ; P. J. Hartog 
and Mrs A. H. Langdon, The Writing of English (1907); Auberon 
Herbert (edited by), The Sacrifice of Education to Examination, 
Letters from " All Sorts and Conditions of Men " (1889); Influence 
of Examinations, Report by a Committee, British Association 
Reports for 1903, p. 434. and for 1904, p. 360; John Jebb, Remarks 
upon the Present Mode of Education in the University of Cambridge 
(4th ed., 1774); Henry Latham, On the Action of Examinations 
(Cambridge, 1877); H. C. Maxwell Lyte, A History of the University 
of Oxford to the Year 1530 (London, 1886); W. A. P. Martin, The 
Lore of Cathay (Edinburgh and London, 1901); J. B. Mullinger, 
The University of Cambridge (Cambridge, 1873); How to pass 
Examinations successfully, by an Oxford Coach; Mark Parti- 
san, Suggestions on Academical Organization (Edinburgh, 1868); 
Friedrich Paulsen, The, German Universities and University Study 
(London, 1906) and Geschichte des gelehrten Unterrichts (Leipzig, 
1896); George Peacock, Observations on the Statutes of the University 
of Cambridge (1841); Programme des examens du nouveau bacca- 
laureat de V enseignement secondaire, Delalain freres, Paris; Hastings 
Rashdall, The Universities of Europein'the Middle Ages (Oxford, 1895); 
Rein's Encyklopadisches Handbuch der Padagogik (2nded., 1902, &c), 
articles " Prufungen " (by F. Paulsen), &c. ; Third Report of the 
Royal Commissioners on Scientific Instructions, 1873; J. E. Thorold 
Rogers, Education in Oxford (1861); M. E. Sadler, " Memorandum 
on the Leaving Examinations ... in the Secondary Schools of 
Prussia," in Report of Royal Commission on Secondary Education, 
vol. v. p. 27 (1895); C. A. Schmid, Geschichte der Erziehung "(Stutt- 
gart, 1884, &c), and Encyklopadie des gesammten Erziekungs- und 
Unterrichtsivesens (2nd ed., 1876-87), articles" Prufung," " Schulpru- 
fungen," " Versetzungsprufungen," &c. ; Scholarships, various papers 
on, by H. B. Baker, A. A. David, H. A. Miers, M. E. Sadler and 
H. Bompas Smith, and others, British Association Report, 1907, 



pp. 707-718; Arthur Schuster, article on "Universities and 
Examinations " in the University Review (May 1905) ; W. H. Sharp, 
The Educational System of Japan (Office of the Director-General of 
Education in India) (Bombay, 1906) ; Special Educational Reports, 
issued by the Board of Education, passim; A. M. M. Stedman, 
Oxford: its Life and Schools (London, 1887); I. Todhunter, Conflict 
of Studies (1873) ; William Whewell, Of a Liberal Education (London, 
1845) ; Christopher Wordsworth, Scholae academicae (Cambridge, 
1877) ; Etienne Zi (or Siu or Seu), Pratique des examens litteraires en 
Chine (Shanghai, 1894). Private information from Professor M. E. 
Sadler and Mr A. E. Twentyman. (P. J. H.; A. Wn.) 

EXARCH (e£apxos, a chief person or leader), a title that has 
been conferred at different periods on certain chief officers or 
governors, both in secular and ecclesiastical matters. Of these, 
the most important were the exarchs of Ravenna (?.».). In 
the ecclesiastical organization the exarch of a diocese (the word 
being here used of the political division) was in the 4th and 5th 
centuries the same as primate. This dignity was intermediate 
between the patriarchal and the metropolitan, the name patriarch 
being restricted after a.d. 451 to the chief bishops of the most 
important cities (see Patriarch). The title of Exarch was also 
formerly given in the Eastern Church to a general or superior 
over several monasteries, and to certain ecclesiastics deputed 
by the patriarch of Constantinople to collect the tribute payable 
by the Church to the Turkish government. In the modern 
Greek Church an exarch is a deputy, or legate a latere, of the 
patriarch, whose office it is to visit the clergy and churches in the 
provinces allotted to him. The title of exarch has been borne 
by the head of the Bulgarian Church (see Bulgaria), since 
in 1872 it repudiated the jurisdiction of the Greek patriarch 
of Constantinople. Hence the names of the politico-religious 
parties in the recent history of the Near East: " Exarchists " 
and " Patriarchists." 

EXCAMBION (a word connected with a large class of Low Latin 
and Romance forms, such as cambium, concambium, scambium, 
from Lat. cambire, Gr. Kanfieiv or Ka/jxretv, to bend, turn or 
fold), in Scctslaw, the exchange (q.v.) of one heritable subject 
for another. The modern Scottish excambion may consist in 
the exchange of any heritable subjects whatever, e.g. a patronage 
or, what often occurs, a portion of a glebe for servitude. Writing 
is not, by the law of Scotland, essential to an excambion. Chiefly 
in favour of the class of cottars and small feuars, and for con- 
venience in straightening marches, the law will consider the most 
informal memoranda, and even a verbal agreement, if supported 
by the subsequent possession. The power to excamb was gradu- 
ally conferred on entailed proprietors. The Montgomery Act, 
which was passed in 1 7 70, to facilitate agricultural improvements, 
permitted 50 acres arable and 100 acres not fit for the plough 
to be excambed. This was enlarged by the Rosebery Act in 
1836, under which one-fourth of an entailed estate, not. including 
the mansion-house, home farm and policies, might be excambed, 
provided the h«irs took no higher grassum (O.E. gersum, fine) 
than £200. The power was applied to the whole estate by the 
Rutherford Act of 1848, and the necessary consents of substitute 
heirs are now regulated by the Entail (Scotland) Act 1882. 

EXCELLENCY (Lat. excellentia, excellence), a title or predicate 
of honour. The earliest records of its use are associated with 
the Frank and Lombard kings; e.g. Anastasius Bibliothecarius 
(d. c. 886) in his life of Pope Honorius refers to Charlemagne 
as " his excellency " {ejus excellentia) ; and during the middle 
ages it was freely applied to or assumed by emperors, kings and 
sovereign princes generally, though rather as a rhetorical flourish 
than as a part of their formal style. Its use is well illustrated in 
the various charters in the Red Book of the exchequer, where 
the addresses to the king vary between "your excellency," 
"your dignity" {vestra dignitas), "your sublimity "' (vestra 
sublimitas) and the like, according to the taste and inventiveness 
of the writers. Du Cange also gives examples of- the style 
excellentia being applied to the pope and even to a bishop (in 
a charter of 1182). With the gradual stereotyping of titles of 
honour that of " excellency " was definitively superseded in the 
case of sovereigns of the highest rank, about the beginning of the 
15th century, by those of "highness " and " grace," and later by 
" majesty," first assumed in England by King Henry VIII. 



5° 



EXCHANGE 



Dukes and counts of the Empire and the Italian reigning princes 
continued, however, to be " excellencies " for a while longer. 
In 1593 the bestowal of the title of excellence by Henry IV. of 
France on the due de Nevers, his ambassador at Rome, set a 
precedent that was universally followed from the time of the 
treaty of Westphalia (1648). This, together with the reservation 
in 1640 of the title " eminence " (q.v.) to the cardinals, led the 
Italian princes to adopt the style of " highness " (altezza) instead 
of " excellency." In France, from 1654 onwards, the title of 
excellence was given to all high civil and military officials, and 
this example was followed in Germany in the 18th century. 

The subsequent fate of the title varies very greatly in different 
countries. In Great Britain it is borne by the viceroy of India, 
the lord-lieutenant of Ireland, all governors of colonies and 
ambassadors. In the United States it is part of the official style 
of the governors of states, but not of that of the president; 
though diplomatic usage varies in this respect, some states 
(e.g. France) conceding to him the style of " excellency," others 
(e.g. Belgium) refusing it. The custom of other republics differs: 
in France the president is addressed as excellence by courtesy; 
in Switzerland the title is omitted; in the South American 
republics it is part of the official style (Pradier-Fodere, Cours de 
droit diplom. i. 89). In Spain the title of excelencia properly 
belonged to the grandees and to those who had the right to be 
covered in the royal presence, but it was extended also to high 
officials, viceroys, ministers, captains-general, lieutenants-general, 
ambassadors and knights of the Golden Fleece. In Austria the 
title Exzellenz belongs properly to privy councillors. It has, 
however, gradually been extended by custom to all the higher 
military commands from lieutenant-field-marshal upwards. 
Ministers, even when not privy councillors, are styled Exzellenz. 
In Germany the title is borne by the imperial chancellor, the 
principal secretaries of state, ministers and Oberprasidenten in 
Prussia, by generals from the rank of lieutenant-general upwards, 
by the chief court officials, and it is also sometimes bestowed 
as a title of honour in cases where it is not attached to the office 
held by its recipient. In Russia the title is very common, being 
borne by all officers from major-general upwards and by all 
officials above the rank of acting privy councillor. Officers 
and officials of the highest rank have the title of " high ex- 
cellency." Finally, in Italy, the title eccelenza, which had come 
to be used in the republics of Venice and Genoa as the usual 
form of address to nobles, has become as meaningless as the 
English title of "esquire" or the address of "sir," being, especi- 
ally in the south, the usual form of address to any stranger. 

In the diplomatic service the title of excellency is technically 
reserved to ambassadors, but in addressing envoys also this 
form is commonly used by courtesy. (W. A. P.) 

EXCHANGE, in general, the action of mutual giving and 
receiving objects, interests, benefits, rights, &c. The word comes 
through the French from the Late Lat. excambium (see Ex- 
Cambion). The present article deals with the theory and 
practice of exchange in monetary transactions, but this may 
conveniently be prefaced by a brief statement as to the law 
relating to the exchange of property and other matters. In 
English law exchange is defined as the mutual grant of equal 
interests, the one in consideration of the other. The ancient 
common law conveyance had certain restrictions, e.g. identity 
in quantity of interest, fee-simple for fee-simple, &c, entry to 
perfect the conveyance, and an implied warranty of title and 
right of entry by either party in case of eviction. Such exchanges 
are now effected by mutual conveyances with the usual covenants 
for title. Exchanges are also frequently made by order of the 
Board 'of Agriculture under the Inclosure Acts, and there are 
also statutes enabling ecclesiastical corporations to exchange 
benefices with the approval of the ecclesiastical commissioners. 
The international exchange of territories is effected by treaties. 
The exchange of prisoners of war is regulated by documents 
called " cartels " (Med. Lat. cartellus, diminutive of carta, 
paper, bill), which specify a certain agreed-on value for each 
rank of prisoners. The practice superseded the older one of 
ransom at the end of a war. By the Regimental Exchanges Act 



1875 the sovereign may by regulation authorize exchanges by 
officers from one regiment to another. (For " labour exchanges " 
see Unemployment.) 

Exchange in relation to money affairs denotes a species of 
barter not of goods but of the value of goods, a payment in one 
place being exchanged for a payment in another place. The 
popular statement of the theory of exchange represents four 
principals involved in two transactions. A and B are two persons 
residing in one place different from the domicile of C and D; 
A sells goods to C; B buys goods from D; A sells his claim 
on C to B, who remits it to D in satisfaction of his debt, and D 
receives the cash from C, so that, assuming the two transactions 
to be of equal value, one piece of paper satisfies the four parties 
to these two transactions, and the trouble, expense and risk of 
sending money from both places are avoided. The piece of paper 
which performs the service may be a telegraphic order, cheque 
or bill of exchange. In this elementary proposition there would 
be no difficulty of exchange, as the full value of A's claim on C 
would be paid for by B, who is under the necessity of sending 
in exactly similar amount of money to D ; but it can be seen that 
in actual practice the claims of one place on another place would 
not be exactly balanced by the necessities of the one place to 
meet obligations in the other place; thus arises the complication 
of exchange, which may best be described as the price of monetary 
claims on distant debtors. 

Supposing, for example, that A in London had a claim on C in 
Edinburgh amounting to £100, and that B in London did not 
require to remit more than £90 to D in Edinburgh, it is evident 
that B in London must be offered some inducement to take over 
the whole of A's claim. B might give A £99: 19: o, and could 
then, after satisfying his debt to D, have £10 to his credit in 
Edinburgh, which he could retain there at interest until he had 
incurred further liability to D, or he could have the balance of 
£10 returned him in coin at an expense, say, of sixpence; this 
would leave B with a profit of sixpence on the transaction, and, 
assuming that these figures are reasonable, exchange on Edin- 
burgh in London wouTd be one shilling discount per £100. 
Supposing the necessities of B induced him to offer A only 
£99:14:0 for his £100 claim, A would then prefer that C 
remitted him £100 in coin, which, on the above scale of expenses 
would cost 5s. and A would receive £99:15:0 net. On these 
premises, exchange on Edinburgh in London cannot fall below 
1 % discount, and the same circumstances prevent it from rising 
above i% premium, for B, in no case, would pay more for A's 
claim than £100 plus the cost of sending coin to Scotland. If 
this basis is appreciated, all exchange problems between different 
countries can be mastered, and the quotations in the daily 
papers of cable payments, sight drafts (cheques) and long bills 
are then understood and supply an interesting indication of the 
state of international financial relations. As shown above, the 
balance of indebtedness must eventually be remitted by coin, 
and consequently when exchange in any city is quoted at one or 
other of the limit points given in our example as \% discount 
o f 4% premium, this exchange immediately acquires a very 
serious importance, because with the development of modern 
monetary systems under which enormous trade is carried on 
with a most moderate foundation of actual coin the weakening 
or strengthening of that foundation is a very vital matter. 

While the understanding of the theory is essential for any 
facile interpretation of an exchange, there are of course in- 
numerable details of practice which require to be known to identify 
the limit points of exchange in any particular city. The limit 
points can only be taken advantage of by banking experts, and, 
although we assume a trader remitting his indebtedness in coin 
when he is asked to pay too high a price for his bill of exchange, 
in actual affairs the banker will supply the cheque or bill and 
himself will do the professional business of sending away bullion. 
Similarly, we have represented one trader drawing on another 
trader and selling his draft to a third trader who remits the draft 
to a fourth. In actual practice, however, No. 1 draws on No. 2 
and disposes of his draft to a banker; No. 4 draws on No. 3 and 
sells his draft to a banker; because, speaking generally, whenever 



EXCHANGE 



5i 



goods are shipped, the shipper immediately requires his money ; 
he draws a bill against the goods, and it is the function of a banker 
to help, as a sort of debt-collecting agency, by buying these 
drafts; and the bank, being a mart for all forms of remittance, 
gets an immense variety of demand for cable payments, cheques 
and bills on all centres. This does not affect the theory, for it 
must be remembered that the banker is a necessary link between 
the buyer and seller of exchange, because the seller can only 
sell what he has and the buyer must have exactly what he wants. 

To return to the question of limit points: if a universal 
currency system existed, with the same monetary standard 
that is used in England, and the coinage kept in a proper con- 
dition of weight and fineness, and the coin readily supplied 
to meet every reasonable claim — if, in fact, the pound sterling 
were the prevalent coin and the English banking system obtained 
everywhere, then we should find all exchange quotations as simple 
as our case of London and Edinburgh, that is to say, all exchanges 
would be quoted at par or a premium or a discount. The limit 
points in any place of the exchange on London would represent 
simply and obviously the cost of the transmission of the coin. 
These limit points would vary at each place according to the 
distance from London, the cost of freight, the risk involved 
in the transmission and the local rate of interest. On the con- 
tinent of Europe some advance has been made in the direction 
of a universal coinage. Countries subscribing to the Latin 
Union have agreed on the franc as a common unit, and Belgium, 
Switzerland, France and Italy quote exchange between them- 
selves at a premium or discount. Greece, Spain and other 
countries are also parties to the arrangement, but their currencies 
are in a bad state, and the exchange quotations involve a con- 
siderable element of speculation. We have, however, to deal with 
another factor in international finance, namely, the enormous 
variety of currency systems; and we have then to discover, 
in each case, the exchange which represents par and corresponds 
to our £100 for £100 in the London-Edinburgh example. The 
United States furnishes perhaps the easiest problem, and we must 
find out how many dollars in gold contain exactly the same 
amount of the precious metal as is contained in one hundred 
sovereigns. The answer is 4865, and the arithmetic is a question 
of the mint laws of the two countries. Gold coin in the United 
States contains one-tenth alloy and in England one-twelfth 
alloy. Ten dollars contain 258 grains of gold, nine-tenths fine. 
One pound contains 123-274 grains of gold, eleven-twelfths fine, 
consequently £100 is worth $486}, or, to be exact, $4865, 
and when cable payments between London and New York are 
quoted at 4-86§ for the £1 sterling, exchange is about par. As 
a cable payment is an immediate transfer from one city to 
another, no question of interest or other charge is involved. 
Owing to the cost of sending gold as detailed above, the New 
York cable exchange varies from about 4-84 to 4-895; at the 
former point gold leaves London for New York, and at the 
latter point gold comes to England. Besides insurance, freight, 
packing, commission and interest, there must also be considered 
the circumstance that coin taken in bulk is always a little worn 
and under full weight, and in the process of turning sovereigns 
into dollars, the result would not bear out the calculation based 
on the mint regulations: consequently, when taking gold from 
London, the demand would first fall on the raw metal as received 
from South Africa or Australia to be minted in the United States, 
then on any stock of American coin the Bank of England might 
have and be willing to sell by weight (which would be accounted 
by tale in New York) , and lastly the demand would be satisfied 
by sovereigns taken by tale from the Bank of England and con- 
verted by weight in America. 

The instance of the American quotation may be further taken 
to explain some of the numerous points which the study of the 
exchange involves. In the first place, it will be noted that we 
have quoted the price in dollars. In London, business in bills, 
&c, on New York is quoted either in pence or in dollars, that is 
to say, payments are negotiated for so many dollars either at 
49 t^t pence per dollar, or at the equivalent rate $4-88 for the 
pound. In practice it is much more convenient to quote in 



London in the money of the foreign country, as it makes com- 
parison with the foreign rate on London very simple. Some 
foreign countries quote exchange on London in pence, and then, 
of course, in relation to those countries the same practice will 
obtain in England, but the majority of the exchange quotations 
on London are in francs, marks, gulden, lire, kronen or other 
foreign money. Another point which must be explained is the 
reason why exchange varies between what we have called the 
limit points; why there is sometimes so much demand for bills 
on London and why at other times so many bills are being 
offered. Similar causes operate on other exchanges, and if we 
develop the New York case we shall provide explanations for 
exchange movements in other countries. 

At one time the financial relations between England and 
America were as follows. England was the principal creditor of 
the United States, and the latter country had to remit continually 
very large amounts in payment of interest on English money 
and profits on English investments, in payment for shipping 
freights, for banking commissions, insurance premiums and an 
immense variety of services, besides paying for the large imports 
which crossed the Atlantic from English ports. In the fall of 
the year these payments would be more than offset by the 
enormous exports of food-stuffs, cotton, tobacco, &c, so that 
during the first half of the year exchange would be at or about 
the limit of 4-89! and gold would have to be sent from New York 
to supplement the deficient quantity of bills. In the autumn 
the produce bills would flood the exchange market and gold 
would be sent from London as exchange got to the other limit 
point of 4-84. These conditions are still very potent, but latterly 
another element has entered into the position, and the new 
development is so powerful as to reverse sometimes what we may 
call the natural and legitimate movement in the exchange. This 
new element is the more intimate banking and financial relation- 
ship which has been established between the two countries. 
As American conditions have become more stable, with better 
security for capital and an assured feeling about the currency 
of the United States, bankers in London have gladly allowed 
their banking friends in New York and other large cities to draw 
bills on London whenever there was a good demand for sterling 
remittances. We have, therefore, to consider a fresh type of 
bill of which the drawer has no claim on the drawee, but, on the 
other hand, incurs a debt to the drawee. To take a very usual 
method, a banker in Wall Street, New York, will advance money 
to stockbrokers, investors and speculators against bonds and 
shares with a 20 % margin. He deposits this security with a trust 
company in New York which acts both for the American and 
English banker. The Wall Street banker then draws a bill at 
60 days' sight or 90 days' sight on the banker in Lombard Street 
and sells this draft to supply the money he lends the stockbroker. 
Two or three months hence the New York banker must send 
money to London with which to meet the bill, so that, whereas, in 
the case of a commercial bill, the produce is despatched and in due 
course the consignee must find the money for the bill, in the case 
of a finance bill, as it is called, the bill is drawn and in due course 
the drawer must send the value with which it is to be honoured. 
In any event the acceptor, the London banker, has to pay 
the bill, so that it will be easily understood that relations of 
the greatest confidence are necessary between the drawer and 
drawee before finance bills of this class can be created. 

The profit arising from the transaction we have sketched is 
realized by the separate parties in this way. The New York 
banker lends money for three months, say, at 5 % per annum, 
he pays a commission of -g J 2 "% to the trust company which has 
custody of the security, a charge equivalent to § % interest per 
annum. He draws on London at 90 days' sight and sells the bill 
at 4-83!, the cable rate being 4-87^, the buyer of a three months' 
bill making the allowance for the English bill stamp of J per 
mille and the London discount rate of 3 %. The drawer of the 
bill must also pay a commission of tV% to the London banker 
who accepts the draft; this is equivalent to another |% per 
annum in the rate of discount, so that money raised in this way 
costs |% for the trust company, 3% the London discount rate, 



52 



EXCHANGE 



about i % for bill stamps, and f % for London commission — 
altogether, 4s %; and, as the money is loaned at 5%, there 
appears to be 5 % profit to the drawer of the bill. This, however, 
is on the assumption that the cable rate is still 4-87! when the 
bill falls due for payment and that the drawer would have to 
pay that price to telegraph the money to meet the draft. But 
exchange on London can go up or down between 4-84 and 4-895, 
and if at the end of the three months the cable rate is 4-84 the 
New York banker will be able to cover his bill at almost the same 
rate at which he sold it and will only be out of pocket to the 
extent of the commissions and stamps, so that the accommodation 
will only cost him i|% and his profit will be 3!%. If he has 
to pay more than 4-87! for his cable at the maturity of the bill 
his profit will be less than $ %, and he may even be a loser on the 
transaction. 

It is obvious, then, that a high rate of interest in New York, 
with a high rate of exchange on London and a low rate of dis- 
count in England, would induce the creation of these finance 
bills. The supply of these bills would prevent New York ex- 
change reaching the limit point at which gold leaves the United 
States, and the maturity of these bills in the autumn would 
ensure a demand for the produce bills and possibly prevent 
exchange from falling to the other limit point at which London 
has to send gold to New York. 

We have pointed out the essential difference between these 
finance bills and what we have called produce bills, but there is 
another very striking difference, that of the question of supply. 
These finance bills are obviously very difficult to limit in their 
amounts; produce bills are, of course, limited by the extent of 
the surplus crops of the United States and by the demand for 
the produce in Europe, but so long as it is mutually satisfactory 
to the big finance houses in both countries to draw on credit 
granted in London, so long may these accommodation bills be 
created, and the pressure of the bills in New York may depress 
exchange so much that gold leaves London at a time when it is 
required in other directions. In such a case the embarrassment 
caused by this artificial drain of the gold reserve would much 
more than offset the amount of the commission earned by the 
accepting houses. The Bank of England may have to raise its 
■ rate of discount at the expense of the entire home trade; prob- 
ably, also, with the rise in the value of money, consequent on the 
diminished resources, all investment securities fall in value and 
more onerous terms must be submitted to by the government, 
corporations and colonies, in the issue of any loans they may 
require. It will, therefore, be appreciated that, although these 
finance bills may be perfectly safe, their excessive creation is 
viewed with great disfavour, and considerable apprehension is 
felt when the adventures of speculators in New York make 
great demands for loans against stocks and shares, and, through 
the instrumentality of these finance bills, shift the burden on to 
the shoulders of the London discount market. The effect of 
this is to level money rates as between New York and London, 
and in the process the pressure falls on London and the relief 
goes to America. Eventually, of course, the bills must be met 
and funds sent for that purpose from across the Atlantic, but in 
the meanwhile the disturbance of the gold supply is an incon- 
venience. 

We have explained the process of employing credits granted 
in London to finance Wall Street; there are, also, many other 
types of bill to which the acceptor lends his name on the assurance 
that he will in, due course be supplied with the funds required 
to meet the acceptance. In the case of the produce bills, a 
London banker will accept the bills in order that they may be 
more easily marketable than if they were drawn direct on the 
actual consignee of the cotton, tobacco or wheat. The consignees 
in Liverpool, &c, pay a commission for this assistance and 
reimburse the London bank as the produce is gradually disposed 
of. The transaction appears slightly more complicated when 
English bankers accept bills for produce shipped from the 
United States to merchants living in Hamburg, Genoa, Singapore 
and all other great ports, but the principle is the same, and the 
influence of such business on the exchange affects, in the first 



instance, the quotation between America and London, but after- 
wards, when money must be sent to London with which to honour 
the bills, the exchanges with Germany, Italy or the Straits 
Settlements bear their share in the eventual adjustment, the 
spinners, tobacco manufacturers and corn factors requiring 
drafts on London where so much of the trade of the -world is 
financed. 

We shall have to consider later the reasons which ensure to 
London this peculiar and predominant position. We have so 
far used the American exchange as an example to explain causes 
which produce fluctuations in all the principal exchanges on 
London and to show the points between which fluctuations are 
limited. The fact that America is still developing at a much 
greater rate than the Old World makes an important distinction 
between the financial position in New York and the financial 
position of the big capitals in Europe. There is not in America 
the huge accumulation of savings and investment money which 
the Old World has collected, so that whereas Europe helps to 
finance the United States, the latter country has so many home 
enterprises that she can spare none of her funds to assist Europe. 
It would not be possible for London to draw on New York such 
bills as we have described as finance bills, for they could never be 
discounted there except on the most onerous terms, and there is 
nothing in America which corresponds to the London money 
market. 

We have to deal with dollars and cents in America, with francs 
in France, with marks in Germany, and different money units iri 
nearly every country; but, given the mint regulations, the 
theoretical par of exchange and the theoretical limit points are 
arrived at by simple arithmetic. An exhaustive statement with 
reference to every country would involve an amount of tedious 
repetition, so that for the purposes of this article it is more 
instructive to consider the essential differences between the 
important exchanges than to go into the details of coinage, 
which would appeal rather to the numismatist than to the ex- 
change expert. 

The United States, offering as it does a vast field for profitable 
investment, must annually remit huge amounts for interest 
on bonds and shares held by Europeans; coupons and dividend 
warrants payable in America are offered for sale daily in London, 
and at the end of the quarters the amount of these claims, 
coupons and drawn bonds is very large, and a considerable set 
off to the indebtedness of Europe for American produce. It is 
often asserted that the United States is rapidly getting sufficiently 
wealthy to repurchase all these bonds and shares; but whenevel 
trade conditions are exceptionally good in the States, fresh- 
evidence is forthcoming that assistance from London and Europe 
is essential to finance the commercial development of the United 
States. This illustrates a feature common to all new countries, 
and the effect is that they make annual payments to the oldeJ 
countries and especially to England. 

A government loan or Other large borrowing arranged abroad 
will immediately move the exchange in favour of the borrowing 
country. A tendency adverse to the United States results from 
the drafts and letters of credit of the large number of holiday 
makers who cross the Atlantic and spend so much money in 
Europe. When remittance is made of the incomes of Americans 
who have taken up their residence in the Old World the exchange 
is affected in a similar manner. 

In one respect the United States stands far superior to most 
of the older countries. There are no restrictions on the free 
export of gold when exchange reaches the limit point showing 
that the demand for bills on London exceeds the supply. New 
York (with London and India) is a free gold market, and this is 
undoubtedly one of the reasons why money is so readily advanced 
to the United States, and the finance bills, to which we referred 
above, would not be allowed to the same extent were it not for 
the fact that New York will remit gold when other forms of 1 
remittance are insufficient to satisfy foreign creditors. When 
exchange between Paris and London reaches the theoretical limit 
point of 25-32 (25 francs 32 centimes for the £1 Sterling), gold 
does not leave Paris for London unless the Bank of France is 



EXCHANGE 



53 



willing to allow it. By law, silver is also legal tender in France, 
and if the State Bank is pressed for gold a premium will be 
charged for it if it is supplied. Gold may be collected on cheaper 
terms in small amounts from the great trading corporations 
or from the offices of the railways, but a large shipment can only 
be made by special arrangement with the Bank of France. 
Similarly, in Germany, where a gold standard is supposed to 
obtain, if a banker requires a large amount of gold from the 
Reichsbank he is warned that he had better not take it, and if 
he persists he incurs the displeasure of the government institution 
to the prejudice of his business, so that the theoretical limit 
point of 20 marks 52 pf. to the pound sterling has no practical 
significance, and gold cannot be secured from Berlin when 
exchange is against that city, and Germany has, when put to the 
test, an inconvertible and sometimes a debased currency. There 
is no state bank in the United States, and no government inter- 
ference with the natural course of paying debts. On the other 
hand, when monetary conditions in New York indicate a great 
shortage of funds, and rates of interest are uncomfortably high, 
the United States treasury has sometimes parted with some of 
its revenue accumulations to the principal New York bankers 
on condition that they at once engage a similar amount of gold 
for import from abroad, which shall be turned over to the treasury 
on arrival. As these advances are made free of interest the effect 
is to adjust the limit point of 484 to about 485, and the United 
States treasury seems to have taken a leaf out of the book of 
the German Reichsbank, which frequently offers similar facilities 
to gold importers and creates an artificial limit point in the 
Berlin Exchange. The Reichsbank gives credit in Berlin for 
gold that has only got as far as Hamburg, and sometimes gives 
so many days' credit that the agent in London of German banking 
houses can afford an extravagant price for bar gold and even 
risk the loss in weight on a withdrawal of sovereigns, although 
the exchange may not have fallen to the other limit point of 
20-32. In England the only effort that is made to attract gold 
is some action by the Bank of England in the direction of raising 
discount rates; occasionally, also, the bank outbids other 
purchasers for the arrivals of raw gold from South Africa, 
Australia and other mining countries. Quite exceptionally, for 
instance during the Boer War, the Bank of England allowed 
advances free of interest against gold shipped to London. 

Many of the principal banking houses in all the important 
capitals receive continually throughout the day telegraphic 
information of the tendency and movement of all the exchanges, 
and on the smallest margin of profit a large business is done in 
what is called arbitrage (q.v.). For instance, cheques or bills 
on London will be bought by X in Paris and remitted to Y in 
London. X will recoup himself by selling a cable payment on 
Z in New York. Z will put himself in funds to meet the cable 
payment by selling 60 days' sight drafts on Y, who pays the 60 
days' drafts at maturity out of the proceeds of the cheques or 
bills received from Paris, and this complicated transaction, 
involving no outlay of capital, must show some minute profit 
after all expense of bill stamps, discount, cables and commissions 
has been allowed for. Such business is very difficult and very 
technical. The arbitrageur must be in first-class credit, must 
make the most exact calculation, and be prompt to take 
advantage of the small differences in exchange, differences 
which can be only temporary, as these operations soon bring 
about an adjustment. 

The European exchanges with which London is chiefly con- 
cerned are Paris and Berlin, through which centres most of the 
financial business of the rest of Europe is conducted; for example, 
Scandinavia, Russia and Austria bank more largely with Berlin 
than elsewhere. Italy, Switzerland, Belgium and Spain bank 
chiefly in Paris. European claims on London or debts to London 
are settled mostly through Germany or France, and consequently 
the German and French rates of exchange are affected by the 
relation of England with the rest of the Continent. The ex- 
changes on Paris and Berlin are therefore most carefully watched 
by all those big interests which are concerned with the rate of 
discount and the value of money in London. 



If the Paris cheque falls to 25-12, gold arrivals in the London 
bullion market will be taken by French bankers unless the profit 
shown by the exchange on some other country enables other 
buyers to pay more for the gold than Paris can afford. If the 
Paris cheque falls still further, it would pay to take sovereigns 
from the Bank of England for export, and so much would be 
taken as would satisfy the demand to send money to France, or 
until the consequent scarcity of money in London made rates 
of interest so high in England that French bankers would prefer 
to leave money and perhaps increase their balances. As between 
London and Paris and Berlin the greatest factor operating the 
exchanges is the relative value of money in the three centres. 
There is no great excess of trade balance at any season in favour 
of Germany or France and against England. On the other hand 
the banking relations between those countries are very intimate, 
and if funds can be very profitably employed in one of these 
places, there will be a good demand for remittance, and exchange 
will move in favour of that place, that is to say> exchange will 
go towards that limit point at which gold will be sent. The 
great pastoral and agricultural countries like South America, 
Egypt and India are in a position to draw very largely on London 
when their crops or other products are ready for shipment. 
In the early months of the year gold goes freely to South America 
to pay for the cereals, hides and meat, and in the autumn Egypt 
and India send such quantities of cotton and wheat that exchange 
moves "heavily in favour of those countries, and gold must go 
to adjust the trade balance. During the rest of the year the gold 
tends to return as these countries always require bills on London 
or some form of payment to meet interest and dividends on 
European money invested in their government debts, railways 
and trading enterprises, and to pay for the European manu- 
factures which they import. Exchange then moves in favour 
of England, and the Bank of England can replenish its reserve. 
Over the greater part of the world the rate of exchange on London 
is an indication simply of the trade balance. The greater part of 
the world receives payment for food stuffs, and has to pay for 
European manufactures, shipping freights, banking services 
and professional commissions. 

The greatest complication in exchange questions arises when 
we have to deal with a country employing a silver standard, and, 
fortunately for the development of trade, this problem has 
disappeared of late years in the case of India, Ceylon, Japan, 
Mexico and the Straits Settlements, and now the only important 
country using silver as a standard is China. When the monetary 
standard in one country is only a commodity in another country 
we are as far removed from the ideal of an international currency 
as can be imagined. We can fix no limit points to the exchange 
and we cannot settle any theoretical par of exchange. The price 
of silver in the gold-using country may vary as much as the price 
of copper or tin, and in the silver-using country gold is dealt 
in just as any other metal. In both cases the only metal of 
constant price is the metal which is used as the money standard. 
The easiest method of explaining the position is to consider that 
any one in a gold-using country having a claim in currency on 
a silver-using country has to offer for sale so many ounces of 
silver, and vice versa the exporter in a silver-using country 
sending produce to London has to offer a draft representing so 
many ounces of gold. This introduces a very unsatisfactory 
element. To take a practical example :-^a tea-grower in China 
has raised his crop in spite of the usual experience of weather and 
labour difficulties and the endless risks that a planter must face; 
the tea is then sent to London to take its chance of good or bad 
prices, and at the same time the planter has a draft to sell repre- 
senting locally a certain weight of gold; now, in addition to all 
the risks of weather and trading conditions, and the chances of 
the fluctuations in the tea market, he is compelled to gamble 
in the metal market on the price of gold. Some years ago when 
a large number of important countries employed a silver standard 
it was seriously suggested that a fixed ratio should be agreed 
internationally at which gold and silver should be exchanged. 
This advocacy of bimetallism (q.v.) was especially persistent at 
a time when silver had suffered a very great fall in price and the 



54- 



EXCHEQUER 



prominent exponents could generally bt identified either as 
extremely practical men who were interested in the price of 
silver, or as very inexperienced theorists. The difficulty of the 
two standards was successfully solved by discarding the use of 
silver, and the chief silver-using countries adopted a gold 
standard which has given greater security for the investment 
of foreign capital, has simplified business and brought about a 
large increase of trade. 

In the case of a country of which the government has been 
subject to great financial difficulties, gold has been shipped to 
satisfy foreign creditors so long as the supply held out, and the 
exchange with such a country will continue to move adversely 
with every fresh political embarrassment and any other economic 
cause reflecting on the national credit. With the collapse of the 
monarchy in Brazil the value of the milreis fell from 2"jd. to 5d., 
and all the Spanish-American countries have from time to time 
afforded most distressing examples of the demoralizing effects on 
the currency of unstable and, reckless administration. In Europe 
similar results have been shown by the mistrust inspired by the 
governments of Spain, Greece, Italy and some other states. 
The raising of revenue by the use of the printing press creates 
an inconvertible and depreciating paper currency which frightens 
foreign capital and severely taxes the unfortunate country which 
must make payment abroad for the service of debt and other 
obligations. With the tardy appreciation of the old proverb that 
" honesty is the best policy " nearly every country of importance 
has made strenuous efforts to improve the integrity of its money. 
• Exchange quotations are not published from many of the 
British colonies, as their financial business is in the hands of a 
comparatively few excellently managed banks, which establish, 
by agreement, conventional exchanges fixed for a considerable 
period, notably in the case of Australia, New Zealand and South 
Africa. The Scottish and Irish banks supply similar examples 
of a monopoly in exchange. 

The following table taken from the money article of a London 
daily paper indicates the exchanges which are of most interest 
to England: — 

Foreign Exchanges. 





June 14. 


June 15. 


June 16. 


Paris, cheques 


25 f. 18 c. 


25 f. 18 c. 


25 f. 18 c. 


,, Mkt. discount . 


2§-f p.c. 


2\-i p.c. 


2§-| p.C. 


Brussels, cheques 


25 f. 23 c. 


^5 f- 23i c. 




Berlin, sight . 


20 m. 48! pf. 


20 m. 48J pf. 


20 m. 48 pf. 


,, 8 days 


20 m. 46^ pf. 


20 m. 46J pf. 


20 m. 45! pf. 


,, Mkt. discount 


3j P- c - 


3s P-c 


3» P-c- 


Vienna, sight . 


Holiday 


24 kr. 02 J h. 


24 kr. 02 -J h. 


Amsterdam, sight 


12 fl. 13! c. 


12 fl. 1 3 J- c. 




Italy, sight 


Holiday 


25 lire 15 c. 




Madrid, sight. 


,, 


27 ps. 68 




Lisbon, sight . 


,, 






St Petersburg, 3ms. . 


94 r. 10 


94 r. 10 




Bombay, T.T. 


is. 4d. 


is. 4d. 


is. 4d. 


Calcutta, T.T. 


is. 4d. 


is. 4d. 


is. 4d. 


Hong-Kong, T.T. 


2s. ij'cd. 


2s. ii'„d. 


2s. ii' B d. 


Shanghai, T.T. 


2s. iojd. 


2s. iofd. 


2s. iofd. 


Singapore, T.T. . 


2s. 4i ] 6 d. 


2s. 4 I V,d. 


2s. 4jV1. 


Yokohama, T.T. . 


2s. ofd. 


2s. ofd. 


2S. ofd. 


*Rio de Jan'ro, 90 days 


i6Ad. 


i6,» 6 d. 


i6J|d. 


"Valparaiso, 90 days 








Coml 


I4sd. 


Hfd. 


14-id. 


*B. Ayres, 90 days 


48id. 


48d. 


48d. 



* These rates are telegraphed on the day preceding their receipt. 



In the case of Paris and Berlin it will be noticed that the 
local rate of discount is also given, as the value of money in these 
centres, in relation to the value of money in London, is the most 
important factor in a movement of the exchange. Vienna has 
become important owing to the improvement in the financial 
position of Austria, and still greater improvement is shown in 
the case of Italy, whose currency stands in the above list better 
even than that of France. Spain, which should stand at about 
the same rate, still has a depreciated paper currency. Lisbon 
stands also at a discount, as the milreis should be worth 53^ 
pence. 

In Russia the exchange showing 94.10 roubles to £10 is care- 



fully and cleverly controlled in spite of the bad internal position. 
The India exchanges move slightly, as the currency is firmly 
established at the rate of 15 rupees to the £1. Hong-Kong quotes 
for the old Mexican dollar and a British trade dollar; Shanghai 
for the tael containing on an average 51 75 grains of fine silver. 
The Straits Settlements have fixed their money on a gold basis 
at 2s. 4d. per dollar, on the lines of the arrangement made in 
India. In Japan there is a gold standard, and par of exchange 
is 2s. o^d. for the yen. Brazil, Chile and Argentina have a 
depreciated paper currency, and the last quotation of 48d. is for 
the gold dollar equal to five francs, but there is a premium on 
gold in the River Plate of 127.27!% and for the present a gold 
standard is re-established on this basis. The letters T.T. with 
the eastern exchanges signify telegraphic transfer or the rate for 
payments made by cable. The very important New York rates 
are always given in another part of the daily paper with other 
details of American commercial interest. 

These rates are all quotations for payments in England, and 
all over the world the exchange on London is the exchange of 
the greatest importance. This unique position was gained 
originally, probably, through the geographical position of the 
United Kingdom, and has been maintained owing to several 
reasons which secure to London a peculiar position by comparison 
with any other capital. Britain's colossal trade ensures a supply 
of and a demand for English remittances. Even when goods 
or produce are dealt in between foreign countries a credit is opened 
in London, so that the shipper of the produce can offer in the 
local market a bill of exchange which is readily saleable. With 
the highly developed banking system a large amount of deposits 
is collected in London, and the result is that bills of any usance 
up to six months can be immediately discounted, and the pro- 
ceeds, if required, can be handed over in gold. There are in 
London a great number of wealthy banks and banking houses 
whose reputation and solidity allow any one of them to accept 
bills for amounts varying from one to ten millions sterling, 
whereby large commissions are earned. 

These four advantages, namely, a free gold market, a huge 
trade, an enormous accumulation of wealth, and a discount 
market such as exists nowhere else, have made London an 
unrivalled financial centre, and consequently bills on London 
are an international money and the best medium of exchange. 

Authorities. — A B C of the Foreign Exchanges, by George 
Clare; Foreign Exchanges, by Goschen; Arbitrage, by Deutsch; 
Arbitrages et Parites, by Ottomar Haupt; Swoboda, Arbitrage (12th 
edition), by Max Fuerst. (E. M. Ha.) 

EXCHEQUER. The word " exchequer " is the English form 
of the Fr. echiquier, low Lat. scaccarium, and its primary meaning 
is a chess-board (see Chess). As the name of a government 
department dealing with accounts it is derived from the exchequer 
or the " abacus " by means of which such accounts were kept, 
such a contrivance being almost universally in use before the 
introduction of the Arabic notation. In England the department 
or court of accounts was named originally " the tallies " from 
the notched sticks or tallies which constituted the primitive 
means of account-keeping (which were only abolished in 1826), 
and was only subsequently, probably in the reign of Henry I., 
named the exchequer from the use of the abacus. Both the name 
and the general features of the institution may reasonably be 
attributed to Norman influence, since we find both in Normandy 
and in the Norman kingdom of Sicily, as well as in Scotland and 
Ireland; the two latter cases being directly due to English 
example. As a court of law the exchequer owed its existence in 
England, as elsewhere, to the necessity of deciding legal questions 
arising from matters of account, and its secondary activities soon 
overshadowed its original functions. 

We cannot say whether the exchequer, as known in England, 
is older than the beginning of the 12th century. The treasury, 
which may be regarded as one of its constituents, dates from 
before the conquest, and the officers of the exchequer who were 
drawn from the treasury staff can be traced back to Domesday. 
But our earliest information about the exchequer itself, apart 
from that afforded by the pipe rolls (see Record), rests on a 



EXCHEQUER 



55 



treatise (Dialogus de Scaccario) written about a.d. 1179 by 
Richard, bishop of London and treasurer of England. His 
father, Nigel, bishop of Ely, had been treasurer of Henry I., and 
nephew to that king's great financial minister Roger, bishop of 
Salisbury. Nigel is said to have reconstituted the exchequer after 
the troubles of Stephen's reign upon the model which he inherited 
from his uncle. The Angevin, or rather the Norman, exchequer 
cannot be regarded in strictness as a permanent department. 
It consisted of two parts: the lower exchequer, which was 
closely connected with the permanent treasury and was an 
office for the receipt and payment of money; and the upper 
exchequer, which was a court sitting twice a year to settle 
accounts and thus nearly related to the Curia Regis (q.v.). We 
dare hardly say that either exchequer existed in vacation; 
indeed the word (like the word " diet ") seems to have been 
limited at first to the actual sitting of the king's courtfor financial 
purposes. The Michaelmas and Easter exchequers were the 
sessions of this court '■' at the exchequer " or chess-board as it 
had previously sat " at the tallies." The constitution of the 
court was that of the normal Frankish curia. The king was the 
nominal president, and the court consisted of his great officers 
of state and his barons, or tenants-in-chief, and it is doubtless 
due to the fact that the exchequer was originally the curia itself 
sitting for a special purpose that its unofficial judges retained 
the name of " barons " until recent times. Of the great officers 
we may probably find the steward in the person of the justiciar, 
the normal president of the court. He sat at the head of the 
exchequer table. The butler was not represented. The chan- 
cellor sat on the justiciar's left; he was custodian ex officio of 
the seal of the court, and thus responsible for the issue of all writs 
and summonses, and moreover for the keeping of a duplicate roll 
of accounts embodying the judgments of the court. On the left 
of the chancellor, and thus clear of the table, since their services 
might be required elsewhere at any moment, sat the constable, 
the two chamberlains and the marshal. The constable was the 
chief of the outdoor service of the court, and was responsible 
for everything connected with the army, or with hunting and 
hawking. The two chamberlains were the lay colleagues of the 
treasurer, and shared with him the duty of receiving and paying 
money, and keeping safe the seal of the court, and all the records 
and other contents of the treasury. The marshal, who was 
subordinate to the constable, shared his duties, and was specially 
responsible for the custody of prisoners and of the vouchers 
produced by accountants. At the head of the table on the 
justiciar's right sat, in Henry II. 's time, an extraordinary member 
of the court, the bishop of Winchester. The treasurer, like thS 
chancellor a clerk, sat at the head of the right-hand side of the 
table. He charged the accountants with their fixed debts, and 
dictated the contents of the great roll of accounts (or pipe roll) 
which embodied the decisions of the court as to the indebtedness 
of the sheriffs and other accountants. These persons with certain 
subordinates constituted the court of accounts, or upper ex- 
chequer, whereas the lower exchequer, or exchequer of receipt, 
consisted almost exclusively of the subordinates of the 
treasurer and chamberlains. In the upper exchequer the 
justiciar appointed the calculator, who exhibited the state of 
each account by means of counters on the exchequer table, so 
that the proceedings of the court might be clear to the presumably 
illiterate sheriff. The calculator sat in the centre of the side of 
the table on the president's left. The chancellor's staff consisted 
of the Magister Scripiorii (probably the ancestor of the modern 
master of the rolls), whose duties are not stated; a clerk (the 
modern chancellor of the exchequer) who settled the form of all 
writs and summonses, charged the sheriff with all fines and 
amercements, and acted as a check on the treasurer in the com- 
position of the great roll; and a scribe (afterwards the comp- 
troller of the pipe) , who wrote out the writs and summonses and 
kept a duplicate of the great roll, known as the chancellor's roll. 
The constable's subordinates were the marshal and a clerk, who, 
besides the duty of paying outdoor servants of the crown, had the 
special task of producing duplicates of all writs issued by the 
Curia Regis. The treasurer and chamberlains, being colleagues, 



had a joint staff, the clerical or literate members of which were 
servants of the treasurer, while the lay or illiterate members 
depended on the chamberlains. Hence while the treasurer and 
his clerks kept their accounts by means of rolls, the chamberlains 
and their Serjeants duplicated them so far as possible by means 
of tallies. Thus the great roll was written by the treasurer's 
scribe (the engrosser, afterwards the clerk of the pipe), while the 
payments on account and other allowances to be credited to the 
sheriff were registered by the tally cutter of the chamberlains. 

In the exchequer of receipt the staff was similarly divided 
between the treasurer and chamberlains; the treasurer having 
a clerk who kept the issue and receipt rolls (the later clerk of the 
pells) and four tellers, while each of the chamberlains was repre- 
sented by a knight (afterwards the deputy chamberlains), who 
controlled the clerk's account by means of tallies, and held their 
lands by this serjeanty; these three had joint control of the 
treasury, and could not act independently. The other Serjeants 
were the knight or " pesour " who weighed the money, the melter 
who assayed it, and the ushers of the two exchequers. It should 
be noted that all the lay offices of the treasury in both exchequers 
were hereditary. Henry II. had also a personal clerk who 
supervised the proceedings personally in the upper, and by 
deputy in the lower, exchequer. 

The business of the ancient exchequer was primarily financial, 
although we know that some judicial business was done there and 
that the court of common pleas was derived from it rather than 
from the curia proper. The principal accountants were the 
sheriffs, who were bound, as the king's principal financial agents 
in each county, to give an account of their stewardship twice a 
year, at the exchequers of Easter and Michaelmas. Half the 
annual revenue was payable at Easter, and at Michaelmas the 
balance was exacted, and the accounts made up for the year, 
and formally enrolled on the pipe roll. The fixed revenue con- 
sisted of thefarms of the king's demesne lands within the counties, 
of the county mints, and of certain boroughs (see Borough) 
which paid annual sums as the price of their liberties. Danegeld 
was also regarded as fixed revenue, though after the accession of 
Henry II. it was not frequently levied. There were also rents 
of assarts and purprestures and mining and other royalties. 
The casual revenue consisted of the profits of the feudal incidents 
(escheat, wardship and marriage) , of the profits of justice (amerce- 
ments, and goods of felons and outlaws) , and of fines, or payments 
made by the king's subjects to secure grants of land, wardships 
or marriages, and of immunities, as well as for the hastening 
and sometimes the delaying of justice. Besides this, there were 
the revenues arising from aids and scutages of the kfng's military 
tenants, tallages of the crown lands, customs of ports, and special 
" gifts," or general assessments made on particular occasions. 
For the collection of all these the sheriff was primarily responsible, 
though in some cases the accountants dealt directly with the 
exchequer, and were bound to make their appearance in person 
on the day when the sheriff accounted. 

We gather both from tradition and from the example of the 
Scottish exchequer that the farms of demesne lands were origin- 
ally paid in kind, by way of purveyance for the royal household, 
and although such farms are expressed even in Domesday Book 
in terms of money, the tradition that there was a system of 
customary valuation is a sufficient explanation, and not of itself 
incredible. At some date, possibly under the administration of 
Roger of Salisbury, the inconvenience of this arrangement led 
to the substitution of money payments at the exchequer. The 
rapid deterioration of a small silver coinage led to successive 
efforts to maintain the value of these payments, first by a "scale " 
deduction of 6d. in the £ for wear, then by the substitution of 
payment by weight for payment by tale, and finally by the 
reduction of most of such payments to their pure silver value 
by means of an assay, a process originally confined to payments 
from particular manors. Only the farms of counties, however, 
were so treated, and not all of those. The amount to be deducted 
in these cases was settled by the weighing and assaying of a 
specimen pound of silver in the presence of the sheriff by the 
pesour and the melter in the lower exchequer. The casual 



56 



EXCHEQUER 



revenue was paid by tale, and for the determination of its 
amount it was necessary to have copies of all grants made in the 
chancery on which rents were reserved, or fines payable.' These 
were known first as contrabrevia and later as originalia; the 
profits ^f justice were settled by the delivery of "estreats" 
from the justices, while for certain minor casualties the oath of 
the sheriff was at first the only security. At a later date' many of 
them were determined by copies of inquisitions sent in from the 
chancery. All this business might be transacted anywhere in 
England, and though convenience placed the exchequer first at 
Winchester (where the treasury was), and afterwards usually 
at Westminster, it held occasional sessions at other towns even 
in the 14th century. 

The Angevin exchequer, described by Richard the Treasurer, 
remained the ideal of the institution throughout its history, and 
the lineaments of the original exemplar were never completely 
effaced; but the rapid increase both of financial and judicial 
business led to a multiplication of machinery and a growing 
complexity of constitution. Even in the time of Henry II. we 
gather that the great officers of state, except the treasurer and 
chancellor, commonly attended by deputy. In the reign of 
Henry III. the chancellor had also ceased to attend, and his clerk 
acquired the title of chancellor of the exchequer. To the same 
period belongs the institution of the king's and lord treasurer's 
remembrancers. These at first had common duties and kept 
duplicate rolls, but by the ordinance of 1323 their functions were 
differentiated. Henceforward the king's remembrancer was more 
particularly concerned with the casual, and the lord treasurer's 
remembrancer with the fixed revenue. The former put all debts 
in charge, while the latter saw to their recovery when they had 
found their way on to the great roll. Hence the preliminary 
stages of each account, the receiving and registering of the 
king's writs to the treasurer and barons, and the drawing up of 
all particulars of account, lay with the Icing's remembrancer, and 
he retained the corresponding vouchers. The lord treasurer's 
remembrancer exacted the " remanets " of such accounts as had 
been enrolled, as well as reserved rents and fixed revenue, and 
so became closely connected with the clerk of the pipe. Before 
the end of the 14th century these three offices had already 
crystallized into separate departments. 

In the meantime the increasing length and variety of accounts, 
as well as the growth of judicial business, had led to various efforts 
at reform. As early as 22 Henry II. it became necessary to 
remove from the great roll the debts which it seemed hopeless to 
levy, and further ordinances to the same end were made by 
statute in 54 Henry III. and in 12 Edward I. By this last a 
special " exannual roll " was established in which the 
" desperate debts " were recorded, in order that the sheriff 
might be reminded of them yearly without their overloading the 
great roll. But the largest accession of financial business arose 
from the " foreign accounts," that is to say, the accounts of 
national services, which did not naturally form part of the 
account of any county. These did not in the reign of Henry II. 
form a part of the exchequer business. Such expenses as appear 
on the pipe roll were paid by the sheriffs, or by the bailiffs of 
"honours"; payments out of the treasury itself would only 
appear on the receipt and issue rolls, and the " spending depart- 
ments " probably drew their supplies from the camera curie, 
and not directly from the exchequer. In the course of the 13th 
century the exchequer gradually acquired partial control of these 
national accounts. Even in 18 Henry II. there is an account for 
the forests of England, and soon the mint, the wardrobe and the 
escheators followed. The undated statute of the exchequer 
(probably about 1276) provides for escheators, the earldom of 
Chester, the Channel Islands, the customs and the wardrobe. 
During the reign of Edward I., the wardrobe account became 
unmanageable, since it not only financed the household, army, 
navy and diplomatic service, but raised money on the customs 
independently of the exchequer. The reform of 1323-1326, due 
to Walter de Stapledon, in remedying this state of things, greatly 
increased the number of "foreign accounts " by making the 
great wardrobe (the storekeeping department), the butler, 



purveyors, keepers of horses or of the stud, the clerk of the 
" hamper " of the chancery (who took the fees for the great 
seal),^ahd the various ambassadors, directly accountable to the 
exchequer. At the same time the sheriffs' accounts were ex- 
pedited by the further simplification of the great roll, and by 
appointing a special officer, the " foreign apposcr," to take the 
account of the " green wax," or estreats, so that two accounts 
could go on at once. Another baron (the 5th or cursitor baron) 
was appointed, and the whole business of foreign accounts was 
transferred to a separate building where one baron and certain 
auditors spent their whole time in settling the balances due on 
the accounts already mentioned, as well as those of castles, &c, 
not let to farm, Wales, Gascony, Ireland, aids (clerical and lay), 
temporalities of vacant bishoprics, abbeys, priories and dignities, 
mines of silver and tin, ulnage and so forth. These balances 
were accounted for in the exchequer itself, and entered on the 
pipe roll, but the preliminary accounts were filed by the king's 
remembrancer, and enrolled separately by the treasurer's 
remembrancer as a supplement to the pipe roll. 

The next important change, about the end of the 1 5th century, 
was the gradual substitution of special auditors appointed by the 
crown, known as the auditors of the prests (the predecessors 
of the commissioners for auditing public accounts), for the 
auditors of the exchequer. Accounts when passed by them were 
presented in duplicate and " declared " before the treasurer, 
under-treasurer and chancellor. Of the two copies, one, on 
paper, was retained by the auditors, the other, on parchment, 
was successively enrolled by the king's and lord treasurer's 
remembrancers, and finally by the clerk of the pipe, to secure 
the levying of any " remanets " or " supers " by process of the 
exchequer. 

Besides the two great difficulties of the postponement of 
financial to legal business, and of preventing the sheriffs from 
exacting the same debt twice, the exchequer was, as has been 
seen, hampered in its functions by the interference of other 
departments in financial matters. Its own branches even 
acquired a certain independence. The exchequer of the Jews, 
which came to an end in 18 Edward I., was such a branch. In 
27 Henry VIII. the. court of augmentations was established to 
deal with forfeited lands of monasteries. This was followed in 
32 & 33 Henry VIII. by the courts of first-fruits and tenths 
and of general surveyors. These were reabsorbed by the ex- 
chequer in 1 Mary, but remained as separate departments 
within it. But the development of the treasury, which succeeded 
to the functions of the camera curie or the king's chamber, 
ultimately reduced the administrative functions of the exchequer 
to unimportance, and the audit office took over its duties with 
regard to public accounts. So that when the. statute of 3 & 4 
William IV. cap. 99, removed the sheriff's accounts also from 
its competence, and brought to an end the series of pipe rolls 
which begins in 1130, the ancient exchequer may be said to have 
come to an end. (C. J.) 

In 1834 an act was passed abolishing the old offices of the 
exchequer, and creating a new exchequer under a comptroller- 
general, the detailed business of payments formerly made at 
the exchequer being transferred to the paymaster-general, 
whose office was further enlarged in 1836 and 1848. And in 
1866, as the result of a select committee reporting unfavour- 
ably on the system of exchequer control as established in 
1834, the exchequer was abolished altogether as a distinct 
department of state, and a new exchequer and audit depart- 
ment established. 

The ancient term exchequer now survives mainly as the 
official title of the national banking account of the United 
Kingdom. This central account is commonly called the ex- 
chequer, and its statutory title is "His Majesty's Exchequer." 
It may also be described with statutory authority as "The 
Account of the Consolidated Fund of Great Britain and Ireland." 
This account is, in fact, divided between the Banks of England 
and Ireland. At the head office of each of these institutions 
receipts are accepted and payments made on account of the 
exchequer; but in published documents the two accounts are 



EXCHEQUER 



57 



consolidated into one, the balances only at the two banks being 
shown separately. 

Operations affecting the exchequer are regulated by the 
Exchequer and Audit Departments Act 1866. Section 10 pre-^ 
scribes that the gross revenue of the United Kingdom (less 
drawbacks and repayments, which are not really revenue) is 
payable, and must sooner or later be paid into the exchequer. 
Section 11 directs that payments should be made from the 
fund so formed to meet the current requirements of spending 
departments. Sections 13, 14, 15 lay down the conditions 
under which money can be drawn from the exchequer. Drafts on 
the exchequer require the approval of an officer independent 
of the executive government, the comptroller and auditor- 
general. But the description of the formal procedure required 
by statute cannot adequately express the actual working of 
the system, or the part it plays in the national finance. The 
simplicity of the system laid down by the act of 1866 has been 
disturbed by the diversion of certain branches or portions of 
revenue from the exchequer to " Local Taxation Accounts," 
under a system initiated by the Local Government Act 1888, 
and much extended since. 

While the exchequer is, as already stated, the central account, 
it is not directly in contact with the details of either revenue 
or expenditure. As regards revenue, the produce of taxes and 
other sources of income passes, in the first instance, into the 
separate accounts of the respective receiving departments — 
mainly, of course, those of the customs, inland revenue and post 
office. A not inconsiderable portion is received in the provinces, 
and remitted to London or Dublin by bills or otherwise, and the 
ultimate transfers to the exchequer are made (in round sums) 
from the accounts of the receiving departments in London or in 
Dublin. Thus, there are always considerable sums due to the 
exchequer by the revenue departments; on the other hand> as 
floating balances are (for the sake of economy) used temporarily 
for current expenses, there are generally amounts due by the 
exchequer to the receiving departments; such cross claims 
are adjusted periodically, generally once a month. The finance 
accounts of the United Kingdom show the gross amounts due 
to the exchequer from the departments, and likewise the amounts 
payable out of the gross revenue in priority to the claim of the 
exchequer. On the expenditure side a similar system prevails. 
No detailed payments are made direct from the exchequer, but 
round sums are issued from it to subsidiary accounts, from 
which the actual drafts for the public services are met. For 
instance, the interest on the national debt is paid by the Bank 
of England from a separate account fed by transfers of round 
sums from the exchequer as required. Similarly, payments for 
army, navy and most civil services are met by the paymaster- 
general out of an account of his own, fed by daily transfers from 
the exchequer. 

This system has two noticeable effects. Firstly, it secures the 
simplicity and finality of the exchequer accounts, and therefore 
of all ordinary statements of national finance. Every : evening 
the chancellor of the exchequer can tell his position so far as the 
exchequer is concerned; on the first day of every quarter the 
press is able to comment on the national income and expenditure 
up to the evening before. The annual account is closed on the 
evening of the 31st of March, and there can be no reopening of 
the budget of a past year such as may occur under other financial 
systems. The second effect of the system is to introduce a certain 
artificiality into the financial statements. Actual facts cannot be 
reduced to the simplicity of exchequer figures; there is always 
(as already explained) revenue received by government which 
has not yet reached the exchequer; and there must always 
be a considerable outstanding liability in the form of cheques 
issued but not yet cashed. The suggested criticism is, how- 
ever, met if it can be shown that, on the whole, the differences 
between the true revenue and the exchequer receipts, or 
between the true (or audited) expenditure and the exchequer 
issues, are not, taking one year with another, relatively con- 
siderable. The following figures (ooo's omitted) illustrate this 
point: — 



Expenditure. 



Year. 


Exchequer 

Issues. 


Audited 
Expenditure. 


.... 
Difference. 


1 888- 1 889 
1 889- 1 890 
1890-1891 
1891-1892 
1 892- 1 893 
1893-1894 
1 894- 1 895 
1895-1896 
1 896- 1 89 7 
1897-1898 


£85,674 
86,083 

87,732 
89,928 

90,375 
91,303 
93,919 
97,764 
101,477 
102,936 


£86,070 
86,033 
87,638 
90,125 
90,164 
91,530 
93,8i8 
97,667 

ioi,543 
103,010 


£+396 

- 50 

- 94 
+ 197 

- 211 
+227 
— 101 

- 97 
+ 66 

+ 74 


Total for ) 
10 years \ 


£927,191 


£927,598 


£+407 



Revenue. 



Year. 



1888-1889 
1889-1890 
1890-1891 
1 891-1892 
1 892-1 893 
1 893-1 894 
1 894- 1 895 
1 895-1 896 
1 896-1 897 
1897-1898 



Total for / 
10 years ) 



Exchequer 
Receipts. 



£88,473 
89,304 
89,489 

90,995 

90,395 

91,133 

94,684 

101,974 

103,960 

106,614 



£947,on 



Actual Revenue. 



£88,038 
89,416 
89,282 
91,428 
90,181 
91,265 

94,873 
102,031 
104,089 
106,691 



£947,294 



Difference. 



£-435 
+ 112 

— 207 

+433 

— 214 

+ 132 
+ 189 

+ 57 
+ 129 

+ 77 



£+273 



Surplus. 



Year. 


Exchequer 
Accounts. 


Diff. between 
Actual Rev. 
and Aud. Exp. 


Difference. 


1888-1889 
1889-1890 
1 890-1 89 1 
1891-1892 
1 892- 1 893 
1893-1894 
1 894- 1 895 
1895-1896 
1896-1897 
1897-1898 


£2,799 
3,221 

i,757 

1,067 

20 

—170 

765 
4,210 

2,473 
3,678 


£1,968 
3,383 
1,644 
1,303 
17 
-265 

1-055 
4,364 
2,546 
3,681 


£-831 
+ 162 

-113 
+236 

- 3 

- 95 
+290 

+ 154 
+ 73 
+ 3 


Total for ) 
10 years ( 


£19,820 


£19,696 


£-124 



The third column in the above shows the price which has to be 
paid (in the form of discrepancies between facts and figures) 
for the simplicity secured. to statements and records of the national 
finance by the present system embodied in the term exchequer. 
Probably few will think the price too high in consideration of 
the advantages secured. 

The principal official who derives a title from the exchequer 
in its living sense is, of course, the chancellor of the exchequer. 
He is the person named second in the patent appointing com- 
missions for executing the office of lord high treasurer of Great 
Britain and Ireland; but he is appointed chancellor of the 
exchequer for Great Britain and chancellor of the exchequer 
for Ireland by two additional patents. Although, in fact, the 
finance minister of the United Kingdom, he has no statutory 
power over the exchequer apart from his position as second 
commissioner of the treasury; but in virtue of his office he is 
by statute master of the mint, senior commissioner for the 
reduction of the national debt, a trustee of the British Museum, 
an ecclesiastical commissioner, a member of the board of agri- 
culture, a commissioner of public works and buildings, local 
government, and education, a commissioner for regulating the 
offices of the House of Commons, and has certain functions 
connected with the office of the secretary of state for India. 
The only other exchequer officer requiring mention is the 



5» 



EXCISE 



comptroller and auditor-general, whose functions as comptroller- 
general of the exchequer have been already described. 

The ancient name of the national banking account has been 
attached to two of the forms of unfunded national debt. Ex- 
chequer bills, which date from the reign of William and Mary 
(they took the place of the tallies, previously used for the same 
purpose), became extinct in 1897, but exchequer bonds (first 
issued by Mr Gladstone in 1853) still possess a practical import- 
ance. An exchequer bond is a promise by government to pay a 
specified sum after a specified period, generally three or five years, 
and meanwhile to pay interest half-yearly at a specified rate 
on that sum. Government possesses no general power to issue 
exchequer bonds; such power is only conferred by a special act, 
and for specified purposes; but when the power has been 
created, exchequer bonds issued in pursuance of it are governed 
by general statutory provisions contained in the Exchequer Bills 
and Bonds Act 1866, and amending acts. These acts create 
machinery for the issue of exchequer bonds and for the payment 
of interest thereon, and protect them against forgery. 

Some traces may be mentioned of the ancient uses of the 
name exchequer which still remain. The chancellor of .the 
exchequer still presides at the ceremony of " pricking the list 
of sheriffs," which is a quasi-judicial function; and on that 
occasion he wears a robe of black silk with gold embroidery, 
which suggests a judicial costume. In England the last judge 
who was styled baron of the exchequer (Baron Pollock) died 
in 1897. In Scotland the jurisdiction of the barons of the 
exchequer was transferred to the court of session in 1856, but the 
same act requires the appointment of one of the judges as " lord 
ordinary in exchequer causes," which office still exists. In 
Ireland Lord Chief Baron Palles was the last to retain the old 
title. A street near Dublin Castle is called Exchequer Street, 
recalling the separate Irish exchequer, which ceased in 181 7. 
The old term also survives in the full title of the treasury repre- 
sentative in Scotland, which is " The King's and the Lord 
Treasurer's Remembrancer in Exchequer," while his office in the 
historic Parliament Square is styled " Exchequer Chambers." 

(S. E. S.-R.) 

Bibliography. — For the early exchequer Thomas Madox's 
History and Antiquities of the Exchequer (London, 1711) remains the 
standard authority, and in it the Dialogus de Scaccario of Richard 
the Treasurer (1179) was first printed (edited since by A. Hughes, 
C. G. Crump and C. Johnson, Oxford, 1902). The publications of 
the Pipe Roll Society (London, 1884 et seq.), the Pipe Rolls and 
Chancellor's Roll, printed by the Record Commission (London, 1833 
and 1844), and H. Hall's edition of the Receipt Roll of the Exchequer 
$1 Henry II. (London, 1899) should also be consulted. A popular 
account is in H. Hall's Court Life under the Plantagenets (London, 
1901), and a careful study in Dr Parow's thesis, Compotus Vice- 
comitis (Berlin, 1906). For the 13th and 14th centuries H. Hall's 
edition of the Red Book of the Exchequer (London, Rolls Series, 1896) 
is essential, as also the Public Record Office List of Foreign Accounts 
(London, 1900). Later practice may be gathered from the similar 
List and Index of Declared Accounts (London, 1893), and from such 
books as Sir T. Fanshawe's Practice of the Exchequer Court, written 
about a.d. 1600 (London, 1658) ; Christopher Vernon's The Exchequer 
Opened (London, 1661), or Sir Geoffrey Gilbert's Treatise on the 
Court of Exchequer (London, 1758), as well as from the statutes 
abolishing various offices in the exchequer. H. Hall's Antiquities 
of the Exchequer (London, 1891) gives many interesting details of 
various dates. For the Scottish exchequer The Exchequer Rolls of 
Scotland (Edinburgh, 1878 et seq.) should be consulted, while 
Gilbert's book noted above gives some details on that of Ireland. 
See also Appendix 13 to the great account of Public Income and 
Expenditure from 1688 to i86q, in three volumes, prepared for 
parliament by H. W. Chisholm (1869); and for sidelights on the 
working of the office from 1825 to 1866 the reminiscences of the 
6ame author (the last chief clerk of the exchequer) in Temple Bar 
(January to April 1891). 

EXCISE (derived through the Dutch, excijs or accijs, possibly 
from Late Lat. accensare, — ad, to, and census, tax; the word 
owes something to a confusion with excisum, cut out), a term now 
well known in public finance, signifying a duty charged on home 
goods, either in the process of their manufacture, or before their 
sale to the home consumers. This form of taxation implies a 
commonwealth somewhat advanced in manufactures, markets 
and general riches; and it interferes so directly with the 
industry and liberty of the subject that it has seldom been 



introduced save in some supreme financial exigency, and has as 
seldom been borne, even after long usage, with less than the 
ordinary impatience of taxation. Yet excise duties can boast 
a respectable antiquity, having a distinct parallel in the vectigal 
rerum venalium (or toll levied on all commodities sold by 
auction, or in public market) of the Romans. But the Roman 
excise was mild compared with that of modern nations, having 
never been more than centesima, or 1%, of the value; and it 
was much shorter lived than the modern examples, having been 
first imposed by Augustus, reduced for a time one-half by 
Tiberius, and finally abolished by Caligula, a.d. 38, so that the 
Roman excise cannot have had a duration of much more than 
half a century. Its remission must have been deemed a great 
boon in the marts of Rome, since it was commemorated by tlie 
issue of small brass coins with the legend Remissis Centesimis, 
specimens of which are still to be found in collections. . 

The history of this branch of revenue in the United Kingdom 
dates from the period of the civil wars, when the republican 
government, following the example of Holland, established, 
as a means of defraying the heavy expenditure of the time, 
various duties of excise, which the royalists when restored to 
power found too convenient or too necessary to be abandoned, 
notwithstanding their origin and their general unpopularity. 
On the contrary, they were destined to be steadily increased 
both in number and in amount. It is curious that the 
first commodities selected for excise were those on which this 
branch of taxation, after great extension, had again in the period 
of reform and free trade been in a manner permanently reduced, 
viz. malt liquors, and such kindred beverages as cider perry 
and spruce beer. The other excise duties remaining are chiefly 
in the form of licences, such as to kill game and to use and carry 
guns, to sell gold and silver plate, to pursue the business of 
appraisers or auctioneers, hawkers or pedlars, pawnbrokers 
or patent-medicine vendors, to manufacture tobacco or snuff, 
to deal in sweets or in foreign wines, to make vinegar, to roast 
malt, or to use a still in chemistry or otherwise. It may be 
presumed that the policy of the licence duties was at first not so 
much to collect revenue, though in the aggregate they yielded a 
large sum, as to guard the main sources of excise, and to place 
certain classes of dealers, by registration and an annual payment 
to the exchequer, under a .direct legal responsibility. The excise 
system of the United Kingdom as now pruned and reformed, 
however, while still the most prolific of all the sources of revenue, 
is simple in process, and is contentedly borne as compared with 
what was the case in the 18th, and the beginning of the 19th 
century. The wars with Bonaparte strained the government 
resources to the uttermost, and excise duties were multiplied 
and increased in every practicable form. Bricks, candles, calico 
prints, glass, hides and skins, leather, paper, salt, soap, and other 
commodities of home manufacture and consumption were placed, 
with their respective industries, under excise surveillance and fine. 
When the duties could no longer be increased in number, they 
were raised in rate. The duty on British spirits, which had 
begun at a few pence per gallon in 1660, rose step by step to 
ns. 8|d. per gallon in 1820; and the duty on salt was augmented 
to three or fourfold its value. 

The old unpopularity of excise, though now somewhat out of 
date, must have had real enough grounds. It breaks out in 
English literature, from songs and pasquinades to grave political 
essays and legal commentaries. Blackstone, in quoting the 
declaration of parliament in 1649 that " excise is the most easy 
and indifferent levy that can be laid upon the people," adds on 
his own authority that " from its first original to the present time 
its very name has been odious to the people of England " (book i. 
cap. 8, tenth edition, 1786); while the definition of "excise" 
gravely inserted by Dr Johnson in the Dictionary, at the imminent 
risk of subjecting the eminent author to a prosecution for libel — 
viz. "a hateful tax levied upon commodities, and adjudged not 
by the common judges of property, but wretches hired by those 
to whom excise is paid" — can hardly be ever forgotten. 

The duties of excise in the United Kingdom were, until the 
passing of the Finance Act 1908, under the control of the 



EXCOMMUNICATION 



59 



commissioners of inland revenue; they are now under the control 
of the commissioners of customs; the amount raised, apart from 
changes in the rate, shows a fairly constant tendency to increase, 
and is usually regarded as one of the best tests of the prosperity 
of the working classes. 

The spirit duty is levied according to the quantity of " proof 
spirit " contained in the product of distillation, and the charge 
is taken at three different points in the process of manufacture, 
the trader being liable for the result of the highest of the three 
calculations. What is known as " proof spirit " is obtained 
by mixing nearly equal weights of pure alcohol and water, the 
quantity of pure alcohol being in bulk about 57% of the whole. 
Owing to the high rate of duty as compared with the volume 
and intrinsic value of the spirits, the whole process of manufacture 
is carried on under the close supervision of revenue officials. 
All the vessels used are measured by them and are secured with 
revenue locks; the premises are under constant survey; and 
notice has to be given by the distiller of the materials used and 
of the several stages of his operations. Though the charge for 
duty is raised at the ' time when the process of distillation is 
completed, the duty is not actually paid until the spirits are 
required for consumption. In the meanwhile they may be 
retained in an approved " warehouse," which is also subject to 
close supervision. 

The beer duty dates from 1880, in which year it was substituted 
for the duty on malt. The specific gravity of the worts depends 
chiefly on the amount of sugar which they contain, and is 
ascertained by the saccharometer. 

Excise licences may be divided into — (a) licences for the sale 
or manufacture of excisable liquors, (b) licences for other trades, 
such as tobacco dealers or manufacturers, auctioneers, pawn- 
brokers, &c, (c) licences for male servants, carriages, motors 
and armorial bearings, and (d) gun, game and dog licences. 
Nearly the whole of the licence duties is paid over to the local 
taxation account. 

The railway passenger duty, which was made an excise duty 
by the Railway Passenger Duty Act 1847, applies only to Great 
Britain. It is levied on all passenger fares exceeding id. per mile, 
the rate being 2 % on urban and 5 % on other traffic. 

The other items which go to make up the excise revenue 
are the charges on deliveries from bonded warehouses, and the 
duties on coffee mixture labels and on chicory. 

For more detailed information reference should be made to 
Highmore's Excise Laws, and the annual reports of the commissioners 
of inland revenue, especially those issued in 1870 and 1885. See 
also Taxation ; English Finance. 

EXCOMMUNICATION (Lat. ex, out of, away from; communis, 
common), the judicial exclusion of offenders from the rights 
and privileges of the religious community to which they belong. 
The history of the practice of excommunication may be traced 
through (1) pagan analogues, (2) Hebrew custom, (3) primitive 
Christian practice, (4) medieval and monastic usage, (5) modern 
survivals in existing Christian churches. 

1. Among pagan analogues are the Gr. xtprtfav e'Lpyeadai 
(Demosth. 505, 14), the exclusion of an offender from purification 
with holy water. This exclusion was enforced in the case of 
persons whose hands were defiled with bloodshed. Its con- 
sequences are described Aesch. Choeph. 283, Eum. 625 f-, Soph. 
Oed. Tyr. 236 ff. The Roman exsecratio and dirts devolio was a 
solemn pronouncement of a religious curse by priests, intended 
to call down the divine wrath upon enemies, and to devote them 
to destruction by powers human and divine. The Druids claimed 
the dread power of excluding offenders from sacrifice (Caes. 
B.G. vi. 13). Primitive Semitic customs recognize that when 
persons are laid under a ban or taboo (herem) restrictions are 
imposed on contact with them, and that the breach of these 
involves supernatural dangers. Impious sinners, or enemies 
of the community and its god, might be devoted to utter 
destruction. 

2. Hebrew Custom.-rln a theocracy excommunication is 
necessarily both a civil and a religious penalty. The word used 
in the New Testament to describe an excommunicated person, 



avaBina (1 Cor. xvi. 22, Gal. i. 8-9, Rom. ix. 3), is the 
Septuagint rendering of the Hebrew herem. The word means 
" set apart " (cf. harem), and does not distinguish originally 
between things set apart because devoted to God and things 
devoted to destruction. Lev. xxvii. 16-34 defines the law for 
dealing with " devoted " things; according to v. 28 " No 
devoted thing that a man shall devote unto the Lord, of all that 
he hath, whether of man or beast, or of the field of his possession, 
shall be sold or redeemed. None devoted shall be ransomed, 
he shall surely be put to death." As in Greece and Rome whole 
cities or nations might be devoted to destruction by pronounce- 
ment of a ban (Numbers xxi. 2, 3, Deut. ii. 34, iii. 6, vii. 2). 
Occasionally Israelites as well as aliens fall under the curse 
(Judg. xxi. 5, 11). A milder form of penalty was the temporary 
separation or seclusion (niddah) prescribed for ceremonial unclean- 
ness. This was the ordinary form of religious discipline. In 
the time of Ezra the Jewish " magistrates and judges " among 
their ecclesiastico-civil functions have the right of pronouncing 
sentence whether it be unto death, or to " rooting out," or to 
confiscation of goods, or to imprisonment (Ezra vii. 26). There 
is also a lighter form of excommunication which " devotes " 
the goods of an offender, but only separates him from the 
congregation. Both major and minor kinds of excommunication 
are recognized by the Talmud. The lesser (niddah) involved 
exclusion from the synagogue for thirty days, and other penalties, 
and might be renewed if the offender remained impenitent. 
The major excommunication (herem) excluded from the Temple 
as well as the synagogue and from all association with the faithful. 
Spinoza was excommunicated (July 16, 1656) for contempt of 
the law. Seldon (De jure nat. et gen., iv. 7) gives the text of the 
curse pronounced on the culprit. The Exemplar Humanae Vitae 
of Uriel d'Acosta also deserves reference. The practice of the 
Jewish courts in New Testament times may be inferred from 
certain passages in the Gospels. Luke vi. 22, John ix. 22, xii. 42 
indicate that exclusion from the synagogue was a recognized 
penalty, and that it was probably inflicted on those who confessed 
Jesus as the Christ. John xvi. 2 (" Whosoever killeth you," &c.) 
may point to the power of inflicting the major penalty. The 
Talmud itself says that the judgment of capital cases was taken 
away from Israel forty years before the destruction of the Temple. 
" Forty " is probably a round number without historical value, 
but the circumstance recorded by this tradition and confirmed 
by the evangelist's aecount of the trial of Jesus is historical, 
and is to be regarded as one of several restrictions imposed on 
the Jewish courts in the time of the Roman procurators. 

3. Primitive Christian Practice. — The use of excommunication 
as a form of Christian discipline is based on the precept of Christ 
and on apostolic practice. The general principles which govern 
the exclusion of members from a religious community may be 
gathered from the New Testament writings. Matt, xviii. 15-17 
prescribes a threefold admonition, first privately, then in the 
presence of witnesses (cf. Titus iii. 10), then before the church. 
This is a graded procedure as in the Jewish synagogue and makes 
exclusion a last resort. Nothing is said as to the nature and 
effects of excommunication. The tone of the passage when 
compared with the disciplinary methods of the synagogue in- 
dicates that its purpose was to introduce elements of reason and 
moral suasion in place of sterner methods. Its object is rather 
the protection of the church than the punishment of the sinner. 
The offender is only treated as a heathen and publican when the 
purity and safety of the church demand it. In the locus classicus 
on this subject (1 Cor. v. 5) Paul refers to a formal meeting of the 
Corinthian church at which the incestuous person is " delivered 
unto Satan for the destruction of the flesh that the spirit may be 
saved in the day of the Lord Jesus." These are mysterious 
words implying (1) a formal ecclesiastical censure, (2) a physical 
penalty, (3) the hope of a spiritual result. The form of penalty 
which would meet these conditions is not explained. There is a 
reference in 2 Cor. ii. 6-1 1 to a case of discipline which may or 
may not be the same. If it be the same it indicates that the ex- 
communication had not been final; the offender had been 
received back. If it be not the same it shows the Corinthian 



6o 



EXCOMMUNICATION 



church exercising discipline independently of apostolic advice. 
Up to this point there is no established formal practice, i Tim. 
i. 20 (" Hymenaeus and Alexander whom I delivered unto Satan 
that they might be taught not to blaspheme ") seems to refer 
to an excommunication, but it does not appear whether the 
apostle had acted as representing a church, nor is there anything 
to explain the exact consequences or limits of the deliverance 
to Satan, i Cor. xvi. 22, Gal. i. 8, 9, Rom. ix. 3 refer to the 
practice of regarding a person as anathema. Taking these 
passages as a whole they seem to point to an exclusion from 
church fellowship rather than to a final cutting off from the hope 
of salvation. In the pastoral letters there is already a formal 
and recognized method of procedure in cases of church discipline. 
1 Tim. v. 19, 20 requires two or three witnesses in the case of 
an accusation against an elder, and a public reproof. Tit. iii. 20 
recognizes a factious spirit as a reason for excommunication 
after two admonitions (cf. Tim. vi. and 2 John v. 10). In 3 John 
v. 9-10 Diotrephes appears to have secured an excommunication 
by the action of a party in the church. It is clear from these 
illustrations that within the New Testament there is development 
from spontaneous towards strictly regulated methods; also 
that the use of excommunication is chiefly for disciplinary and 
protective rather than punitive purposes. A process which is 
intended to produce penitence and ultimate restoration cannot 
at the same time contemplate handing the offender over to 
eternal punishment. 

4. Medieval and Monastic Usage. — The writings of the church 
Fathers give sufficient evidence that two degrees of excommuni- 
cation, the d<^opt<r/x6s and the atpopLC/ids TravreXrji, as they 
were generally called, were in use during, or at least soon after, 
the apostolic age. The former, which involved exclusion from 
participation in the eucharistic service and from the eucharist 
itself, though not from the so-called " service of the catechu- 
mens," was the usual punishment of comparatively light offences; 
the latter, which was the penalty for graver scandals, involved 
" exclusion from all church privileges," — a vague expression 
which has sometimes been interpreted as meaning total exclusion 
from the very precincts of the church building {inter hiemantes 
or are) and from the favour of God (Bingham, Antiquities of 
Christian Church, xvi. 2. 16). For some sins, such as adultery, 
the sentence of excommunication was in the 2nd century regarded 
as vavTeXris in the sense of being irrevocable. Difference of 
opinion as to the absolutely " irremissible* " character of mortal 
sins led to the important controversy associated with the names 
of Zephyrinus, Tertullian, Calistus, Hippolytus, Cyprian and 
Novatian, in which the stricter and more montanistic party held 
that for those who had been guilty of such sins as theft, fraud, 
denial of the faith, there should be no restoration to church 
fellowship even in the hour of death. On this point the 
provincial synods of Illiberis (Elvira) in 305 and of Ancyra in 
315 subsequently came to conflicting decisions, the council of 
Elvira forbidding the reception of offenders into communion 
during life, and the council of Ancyra fixing a limit to the penalty 
in the same cases. But the excommunication was on all hands 
regarded as being " medicinal " in its character. It is note- 
worthy that the word avaJdey.a had fallen into disuse about the 
beginning of the 4th century, and that, throughout the same 
period, no instance of the judicial use of the phrase ira.pa.b'ovva.i 
TtfS Xa.Ta.vq. can be found. 

A new chapter in the history of the church censure may be 
said to have begun with the publication of those imperial edicts 
against heresy, the first of which, De summa trinitate et fide 
catholica, dates from 380. Till then exclusion from church 
privileges had been a spiritual discipline merely; thenceforward 
it was to expose a man to serious temporal risks. Excommunica- 
tion still continued to be occasionally used in the spirit of genuine 
Christian fidelity, as by Ambrose in the case of Theodosius 
himself (39c); but the temptation to wield it as an instrument 
of secular tyranny too often proved to be irresistible. The church 
fell back on carnal weapons in her warfare and invoked the 
secular powers to uphold the ecclesiastical. In the formula used 
by Synesius (410) which is to be found in Bingham's Antiquities, 



we already find the attention of magistrates specially called to 
the censured person. The history of the next thousand years 
shows that the magistrates were seldom slow to respond to the 
appeal. Even the hastiest survey of that long and interesting 
period enables the student to notice a marked development in 
the theory and practice of excommunication. One or two points 
may be specially noted. (1) When the Empire became nominally 
Christian and the quality of the church life was sacrificed to the 
quantity of its adherents, the original character of excommunica- 
tion was lost. The power of excommunication was transferred 
from the community to the bishop, and was liable to abuse from 
personal motives: Gregory the Great rebukes a bishop for using 
for private ends power conferred for the public good (Epist. ii. 
34). Excommunication became a common penalty applied in 
numberless cases (see the Penitential of Archbishop Theodosius: 
Haddan and Stubbs, Councils and Documents, iii. 1737), and was 
invested with superstitious terrors. (2) While it had been held 
as an undoubted principle by the ancient church that this 
sentence could only be passed on living individuals whose fault 
had been distinctly stated and fully proved, we find the medieval 
church on the one hand sanctioning the practice of excommunica- 
tion of the dead (Morinus, De poenit. x. c. 9), and, on the other 
hand, by means of the papal interdict, excluding whole countries 
and kingdoms at once from the means of grace. The earliest 
well-authenticated instance of such an interdict is that which 
was passed (998) by Pope Gregory V. on France, in consequence 
of the contumacy of King Robert the Wise. Other instances are 
those laid respectively on Germany in 1102 by Gregory VII. 
(Hildebrand) , on England in 1208 by Innocent III., on Rome 
itself in 1155 by Adrian IV. (3) While in the ancient church the 
language used in excommunicating had been carefully measured, 
we find an amazing, recklessness in the phraseology employed 
by the medieval clergy. The curse of Ernulphus or Arnulphus 
of Rochester (c. i'ioo), often quoted by students of English 
literature, is a very fair specimen of that class of composition. 
With it may be compared the formula transcribed by Dr Burton 
in his History of Scotland (iii. 317 ff .), To the spoken word was 
added the language of symbol. By means of lighted candles 
violently dashed to the ground and extinguished the faithful 
were graphically taught the meaning of the greater excommuni- 
cation — though in a somewhat misleading way, for it is a 
fundamental principle of the canon law that disciplina est 
excommunicato, non eradicatio. The first instance, however, of 
excommunication by " bell, book and candle " is comparatively 
late (c. 1 190). 

5. Modem Survivals in Existing Christian Churches. — At the 
Reformation the necessity for church discipline did not cease to 
be recognized; but the administration of it in many Reformed 
churches has passed through a period of some confusion. In 
some instances the old episcopal power passed more or less into 
the hands of the civil magistrate (a state of matters which was 
highly approved by Erastus and his followers), in other cases it 
was conceded to the presbyterial courts. In the Anglican Church 
the bishops (subject to appeal to the sovereign) have the right 
of excommunicating, and their sentence, if sustained, may , in 
certain cases carry with it civil consequences. But this right 
is in practice never exercised. In the law of England sentence 
of excommunication, upon being properly certified by the 
bishop, was followed by the writ de excommunicato capiendo 
for the arrest of the offender. The statute 5 Eliz. c. 23 pro- 
vided for the better execution of this writ. By the 53 Geo. III. 
c. 127 (which does not, however, extend to Ireland) it was enacted 
that " excommunication, together with all proceedings following 
thereupon, shall in all cases, save those hereafter to be specified, 
be discontinued." Disobedience to or contempt of the ecclesi- 
astical courts is to be punished by a new writ, de contumace 
capiendo, to follow on the certificate of the judge that the 
defender is contumacious and in contempt. Sect. 2 provides 
that nothing shall prevent " any ecclesiastical court from 
pronouncing or declaring persons to be excommunicate on 
definite sentences pronounced as spiritual censures for offences 
of ecclesiastical cognizance." No persons so excommunicated 



EXCRETION— EXECUTION 



61 



shall incur any civil penalty or incapacity whatever, save such 
sentence of imprisonment, not exceeding six months, as the 
court shall direct and certify to the king in chancery. 

In the churches which consciously shaped their polity at or 
after the Reformation the principle of excommunication is 
preserved in the practice of church discipline. Calvin devotes a 
chapter in the Institutes (bk. iv. chap, xii.) to the " Discipline of 
the Church; its Principal Use in Censure and Excommunication." 
The three ends proposed by the church in such discipline are 
there stated to be, (i) that those who lead scandalous lives may 
not to the dishonour of God be numbered among Christians, 
seeing that the church is the body of Christ; (2) that the good 
may not be corrupted by constant association with the wicked; 
(3) that those who are censured or excommunicated, confounded 
with shame, may be led to repentance. He differentiates 
decisively between excommunication and anathema. " When 
Christ promises that what his ministers bind on earth shall be 
bound in heaven, he limits the power of binding to the censure of 
the church; by which those who are excommunicated are not 
cast into eternal ruin and condemnation, but by having their 
life and conduct condemned are also certified of their final 
condemnation unless they repent. For excommunication differs 
from anathema: anathema which ought to be very rarely, or 
never, resorted to, in precluding all pardon, execrates a person, 
and devotes him to eternal perdition: whereas excommunication 
rather censures and punishes his conduct. Yet in such a manner 
by warning him of his future condemnation it recalls him to 
salvation " {Inst. bk. iv. chap. xii. 10). The Reformed churches 
in England and America accepted the distinction between public 
and private offences. The usual provision is that private 
offences are to be dealt with according to the rule in Matt. v. 
23-24, xviii. 15-17; public offences are to be dealt with according 
to the rule in 1 Cor. v. 3-5, 13. The public expulsion or suspension 
of the offender is necessary for the good repute of the church, 
and its influence over the faithful members. The expelled 
member may be readmitted on showing the fruits of repentance. 

In Scotland three degrees of church censure are recognized — 
admonition, suspension from sealing ordinances (which may be 
called temporary excommunication), and excommunication 
properly so-called. Intimation of the last-named censure may 
occasionally (but very rarely) be given by authority of a pres- 
bytery in a public and solemn manner, according to the following 
formula: — " Whereas thou N. hast been by sufficient proof 
convicted (here mention the sin) and after due admonition and 
prayer remainest obstinate without any evidence or sign of true 
repentance: Therefore in the name of the Lord Jesus Christ, 
and before this congregation, I pronounce and declare thee N. 
excommunicated, shut out from the communion of the faithful, 
debar thee from privileges, and deliver thee unto Satan for the 
destruction of thy flesh, that thy spirit may be saved in the day 
of the Lord Jesus." This is called the greater excommunication. 
The congregation are thereafter warned to shun all unnecessary 
converse with the excommunicate (see Form of Process, c. 8). 
Formerly excommunicated persons were deprived of feudal 
rights in Scotland; but in 1690 all acts enjoining civil pains 
upon sentences of excommunication were finally repealed 
(Burton's History, vii. 435). 

The question whether the power of excommunication rests 
in the church or in the clergy has been an important one in the 
history of English and American churches. Hooker lays down 
{Survey, pt. 3, pp. 33-46) four necessary conditions for the 
execution of a sentence involving church discipline. " (1) The 
cause exactly recorded is fully and nakedly to be presented to the 
consideration of the congregation. (2) The elders are to go 
before the congregation in laying open the rule so far as reacheth 
any particular now to be considered, and to express their judg- 
ment and determination thereof, so far as appertains to them- 
selves. (3) Unless the people be able to convince them of errors 
and mistakes in their sentence, they are bound to joyn their 
judgment with theirs to the compleating of the sentence. (4) The 
sentence thus compleatly issued is to be solemnly passed and 
pronounced upon the delinquent by the ruling Elder whether 



it be of censure or excommunication." In this passage it is clear 
that the effective power of discipline is regarded as being wholly 
in the power of the individual church or congregation. Hooker 
expressly denies the power of synods to excommunicate: " that 
there should be Synods, which have potestatem juridicam is 
nowhere proved in Scripture because it is not a truth" {Survey, 
pt. 4, pp. 48, 40)- 

The confession of faith issued by the London-Amsterdam 
church (the original of the Pilgrim Fathers' churches) in 1596 
declares that the Christian congregation having power to elect 
its minister has also power to excommunicate him if the case 
so require (Walker, Creeds and Platforms of Congregationalism, 
p. 66). In 1603 the document known as " Points of Difference " 
{i.e. from the established Anglicanism) submitted to James I. 
sets forth: " That all particular Churches ought to be so con- 
stituted as, having their owne peculiar Officers, the whole body 
of every Church may meet together in one place, and jointly 
performe their duties to God and one towards another. And that 
the censures of admonition and excommunication be in due 
manner executed, for sinne, convicted, and obstinately stood 
in. This power also to be in the body of the Church whereof 
the partyes so offending and persisting are members." The 
Cambridge Platform of 1648 by which the New England churches 
defined their practice, devotes ch. xiv. to " excommunication and 
other censures." It follows in the main the line of Hooker and 
Calvin, but adds (§6) an important definition: "Excommunica- 
tion being a spirituall punishment it doth not prejudice the ex- 
communicate in, nor deprive him of his civil rights, therfore 
toucheth not princes, or other magistrates, in point of their civil 
dignity or authority. And, the excommunicate being but as a 
publican and a heathen, heathen being lawfully permitted to 
come to hear the word in church assemblyes; wee acknowledg 
therfore the like liberty of hearing the word, may be permitted 
to persons excommunicate, that is permitted unto heathen. 
And because wee are not without hope of his recovery, wee are not 
to account him as an enemy but to admonish him as a brother." 
The Savoy Declaration of 1658 defines the theory and practice 
of the older English Nonconformist churches in the section on 
the " Institution of Churches and the Order appointed in them 
by Jesus Christ" (xix.). The important article is as follows: — 
" The Censures so appointed by Christ, are Admonition and 
Excommunication; and whereas some offences are or may be 
known onely to some, it is appointed by Christ, that those to 
whom they are so known, do first admonish the offender in 
private: in publique offences where any sin, before all; or in 
case of non-amendment upon private admonition, the offence 
being related to the Church, and the offender not manifesting 
his repentance, he is to be duely admonished in the Name of 
Christ by the whole Church, by the Ministery of the Elders of the 
Church, and if this Censure prevail not for his repentance, then 
he is to be cast out by Excommunication with the consent of 
the Church." 

In contemporary English Free Churches the purity of the 
church is commonly secured by the removal of persons unsuitable 
for membership from the church books by a vote of the re- 
sponsible authority. • (D. Mn.) 

EXCRETION (Lat. ex, out of, cernere, crelum, to separate), 
in plant and animal physiology, the separation from an organ of 
some substance, also the substance separated. The term usually 
refers to the separation of waste or harmful products, as dis- 
tinguished from " secretion," which refers to' products that 
play a useful or necessary part in the functions of the organism. 

EXECUTION (from Lat. ex-sequor, exsecutus, follow or carry 
out), the carrying into effect of anything, whether a rite, a piece 
of music, an office, &c. ; and so sometimes involving a notion of 
skill in the performance. Technically, the word is used in law 
in the execution of a deed (its formal signing and sealing), an 
execution (see below) by the sheriff's officers under a " writ of 
execution " (the enforcement of a judgment on a debtor's goods); 
and execution of death has been shortened to the one word to 
denote Capital Punishment {q.v.). 

Civil Execution may be defined as the process by which the 



62 



EXECUTION 



judgments or orders of courts of law are made effectual. In 
Roman law the earliest mode of execution was the seizure, 
legalized by the actio per manus injectionem, of the debtor as a 
slave of the creditor. During the later Republic, imprisonment 
took the place of slavery. Under the regime of the actio per 
manus injectionem, the debtor might dispute the debt — the issue 
being raised by his finding a substitute (vindex) to conduct the 
case for him. By the time of Gaius (iv. 25) the actio per manus 
injectionem had been superseded by the actio judicati, the object 
of which was to enable the creditor to take payment of the debt 
or compel the debtor to find security (pignus in causa judicati 
captum: Cautio judicatum solvi), and in a.d. 320 Constantine 
abolished imprisonment for debt, unless the debtor were con- 
tumacious. The time allowed for payment of a judgment debt 
was by the XII. Tables 30 days; it was afterwards extended 
to two months, and ultimately, by Justinian, to four months. 
The next stage in the Roman law of execution was the recognition 
of bankruptcy either against the will of the bankrupt (missio 
in bona) or on the application of the bankrupt (cessio bonorum; 
and see Bankruptcy). Lastly, in the time of Antoninus Pius, 
judgment debts were directly enforced by the seizure and sale 
of the debtor's property. Slaves, oxen and implements of 
husbandry were privileged; and movable property was to be 
exhausted before recourse was had to land (see Hunter, Roman 
Law, 4th ed. pp. 1029 et seq., Sohm, Inst. Rom. Law, 2nd ed. 
pp. 302-305). 

Great Britain. — The English law of execution is very compli- 
cated, and only a statement of the principal processes can here be 
attempted. 

High Court. — Fieri Facias. A judgment for the recovery of money 
or costs is enforced, as a rule, by writ of fieri facias addressed to the 
sheriff, and directing him to cause to be made {fieri facias) of the 
goods and chattels of the debtor a levy of a sum sufficient to satisfy 
the judgment and costs, which carry interest at 4% per annum. 
The seizure effected by the sheriff or his officer, under this writ, 
of the property of the debtor, is what is popularly known as " the 
putting-in " of an execution. The seizure should be carried out 
with all possible despatch. The sheriff or his officer must not break 
open the debtor's house in effecting a seizure, for " a man's house 
is his castle" (Semayne's Case [1604], 5 Coke Rep. 91); but this 
principle applies only to a dwelling-house, and a barn or outhouse 
unconnected with the dwelling-house may be broken into. The 
sheriff on receipt of the writ endorses on it the day, hour, month 
and year when he received it; and the writ binds the debtor's goads 
as at the date of its delivery, except as regards goods sold before 
seizure in market overt, or purchased for value, without notice 
before actual seizure (Sale of Goods Act 1893, s. 26, which supersedes 
s. 16 of the Statute of Frauds and s. I of the Mercantile Law Amend- 
ment Act 1856). This rule is limited to goods, and does not apply 
to the money or bank notes of the debtor which are not bound by 
the writ till seized under it {Johnsonv. Pickering, Oct. 14, 1907, C.A.). 
The mere seizure of the goods, however, although, subject to such 
exceptions as those just stated, it binds the interest of the debtor, 
and gives the sheriff such an interest in the goods as will enable 
him to sue for the recovery of their possession, does not pass the 
property in the goods to the sheriff. The goods are in the custody 
of the law. But the property remains in the debtor who may get 
rid of the execution on payment of the claim and fees of the sheriff 
[as to which see Sheriffs Act 1887, s. 20, and order of 21st of August 
1888, Annual Practice (1908), vol. ii. p. 278]. The wearing apparel, 
bedding, tools, &c, of the debtor to the value of £5 are protected. 
Competing claims as to the ownership of the goods seized are brought 
before the courts by the procedure of " interpleader." After 
seizure, the sheriff must retain possession, and, in default of payment 
by the execution debtor, proceed to sell. Where the judgment debt, 
including legal expenses, exceeds £20, the sale must be by public 
auction, unless the Court otherwise orders, and must be publicly 
advertised. The proceeds of sale, after deduction of the sheriff's 
fees and expenses, become the property of the execution creditor 
to the extent of his claim. The Bankruptcy Act 1890 (53 & 54 
Vict. c. 71, s. 11 [2]) requires the sheriff in case of sale under a 
judgment for a sum exceeding £20 to hold the proceeds for 14 
days in case notice of bankruptcy proceedings should be served upon 
him (see Bankruptcy). The form of the writ of fieri facias requires 
the sheriff to make a return to the writ. In practice this is seldom 
done unless the execution has been ineffective or there has been 
delay in the execution of the writ; but the judgment creditor may 
obtain an order calling on the sheriff to make a return. A sheriff 
or his officer, who is guilty of extortion in the execution of the writ, 
is liable to committal for contempt, and to forfeit £200 and pay all 
damages suffered by the person aggrieved (Sheriffs Act 1887 [50 
& 51 Vict. c. 55], s. 29 [2]), besides being civilly liable to such 
person. Imprisonment for debt in execution of civil judgments is 



now abolished except in cases of default in the nature of contempt, 
unsatisfied judgments for penalties, defaults by persons in a fiduciary 
character, and defaults by judgment debtors (Debtors Act 1869 [32 
& 33 Vict. c. 62]; Bankruptcy Act 1883 [46 & 47 Vict. c. 52], 
ss. 53, 103). Imprisonment for debt has been abolished within 
similar limits in Scotland (Debtors [Scotland] Act 1880 [43 & 44 
Vict. c. 34] and Ireland, Debtors [Ireland] Act 1872, 35 & 36 
Vict. c. 57). There may still be imprisonment in England, under 
the writ — rarely used in practice — ne exeat regno, which issues to 
prevent a debtor from leaving the kindgom. 

Writ of Elegit. — The writ of elegit is a process enabling the creditor 
to satisfy his judgment debt out of the lands of the debtor. It 
derives its name from the election of the creditor in favour of this 
mode of recovery. It is founded on the Statute of Westminster 
(1285, 13 Ed. I. c. 18), under which the sheriff was required to deliver 
to the creditor all the chattels (except oxen and beasts of the plough) 
and half the lands of the debtor until the debt was satisfied. By the 
Judgments Act 1838 the remedy was extended to all the debtor's 
lands, and by the Bankruptcy Act 1883 the writ no longer extends 
to the debtor's goods. The writ is enforceable against legal interests 
whether in possession or remainder {Hood-Barrs v. Cathcart, 1895, 
2 Ch. 411), but not against equitable interests in land {Earl of Jersey 
v. Vxbridge Rural Sanitary Authority, 1891, 3 Ch. 183). When the 
debtor's interest is equitable, recourse is had to equitable execution 
by the appointment of a receiver or to bankruptcy proceedings. 

The writ is directed to the sheriff, who, after marking on it the 
date of its receipt, at once in pursuance of its directions holds an 
inquiry with a jury as to the nature and value of the interest of the 
debtor in the lands extended under the writ, and delivers to the 
creditor at a reasonable price and extent in accordance with the 
writ, the lands of which the debtor was possessed in the bailiwick. 
When the sheriff has returned and filed a record (in the central 
office of the High Court) of the writ and the execution thereof, the 
execution creditor becomes " tenant to the elegit." Where the 
land is freehold the creditor acquires only a chattel interest in it; 
where the land is leasehold he acquires the whole of the debtor's 
interest {Johns v. Pink, 1900, 1 Ch. 296). The creditor is entitled 
to hold the land till his debt is satisfied, or enough to satisfy it is 
tendered to him, and under the Judgments Act 1864 the creditor 
may obtain an order for sale. Until the land is delivered on execu- 
tion and the writs which have effected the delivery are registered 
in the Land Registry, the judgment does not create any charge on 
the land so as to fetter the debtor's power of dealing with it. Land 
Charges Registration Acts 1888 and 1900. (See R.S.C., O. xliii.) 

Writs of Possession and Delivery. — Judgments for the recovery or 
for the delivery of the possession of land are enforceable by writ of 
possession. The recovery of specific chattels is obtained by writ 
of delivery (R.S.C., O. xlvii., xlviii.). 

Writ of Sequestration. — Where a judgment directing the payment 
of money into court, or the performance by the defendant of any 
act within a limited time, has not been complied with, or where a 
corporation has wilfully disobeyed a judgment, a writ of sequestra- 
tion is issued, to not less than four sequestrators, ordering them to 
enter upon the real estate of the party in default, and " sequester" 
the rents and profits until the judgment has been obeyed (R.S.C., 
O. xliii. r. 6). 

Equitable Execution.— -Where a judgment creditor is otherwise 
unable to reach the property of his debtor he may obtain equitable 
execution, usually by the appointment of a receiver, who collects, 
the rents and profits of the debtor's land for the benefit of the 
creditor (R.S.C., O. 1. rr. 15A-22). But receivers may be appointed 
of interests in personal property belonging to the debtor by virtue 
of the Judicature Act 1873, s. 25 (8). 

Attachment. — A judgment creditor may " attach " debts due by 
third parties to his debtor by what are known as garnishee proceed- 
ings. Stock and shares belonging to a judgment debtor may be 
charged by a charging order, so as, in the first instance, to prevent 
transfer of the stock or payment of the dividends, and ultimately to 
enable the judgment creditor to realise his charge. A writ of 
attachment of the person of a defaulting debtor or party may be 
obtained in a variety of cases akin to contempt {e.g. against a person 
failing to comply with an order to answer interrogatories, or against 
a solicitor not entering an appearance in an action, in breach of his 
written undertaking to do so), and in the cases where imprisonment 
for debt is still preserved by the Debtors Act 1869 (R.S.C., O. xliv.). 
Contempt of Court {q.v.) in its ordinary forms is also punishable 
by summary committal. 

County Courts. — In the county courts the chief modes of execution 
are " warrant of execution in the nature of a writ of fieri facias "; 
garnishee proceedings; equitable execution; warrants of possession 
and delivery, corresponding to the writs of possession and delivery 
above mentioned; committal, where a judgment debtor has, or, 
since the date of the judgment has had, means to pay his debt; 
and attachment of the person for contempt of court. If the judg- 
ment debtor assaults the bailiff or his officer or rescues the goods, 
he is liable to a fine not exceeding £5. 

Scotland. — The principal modes of execution or " diligence " in 
Scots law are (i.) Arrestment and furthcoming, which corresponds 
to the English garnishee proceedings; (ii.) arrestment jurisdictionis 
fundandae causa, i.e. the seizure of movables within the jurisdiction 



EXECUTORS AND ADMINISTRATORS 



63 



to found jurisdiction against their owner, being a foreigner; this 
precedure, which is not, however, strictly a " diligence," as it does 
not bind the goods, is analogous to the French saisie-arret, and 
to the obsolete practice in the mayor's court of London known as 
" foreign attachment " (see Glyn and Jackson, Mayor's Court 
Practice, 2nd ed., vii. 260); (iii.) arrestment under meditatione fugae 
warrant, corresponding to the old English writ of ne exeat regno, 
and applicable in the case of a debtor who intends to leave Scotland 
to evade an action; (iv.) arrestment on dependence, i.e. of funds in 
security; (v.) poinding, i.e. valuation and sale of the debtor's 
goods; (vi.) sequestration, e.g. of tenant's effects under a landlord's 
hypothec for rent ; (vii.) action of adjudication, by which a debtor's 
" heritable " {i.e. real) estate is transferred to his judgment creditor 
in satisfaction of his debt or security therefor. In Scots law 
" multiplepoinding " is the equivalent of " interpleader." 

Ireland. — The law of execution in Ireland (see R.S.C., 1905, 
Orders xli.-xlviii.) is practically the same as in England. 

British Possessions. — The Judicature Acts of most of the 
Colonies have also adopted English Law. Parts of the French Code 
de procedure civile are still in force in Mauritius. But its provisions 
have been modified by local enactment (No. 19 of 1868) as regards 
realty, and the rules of the Supreme Court 1903 have introduced the 
English forms of writs. Quebec and St Lucia, where French law 
formerly prevailed, have now their own codes of Civil Procedure. 
The law of execution under the Quebec Code resembles the French, 
that under the St Lucia Code the English system. In British 
Guiana and Ceylon, in which Roman Dutch law in one form or 
another prevailed, the English law of execution has now in substance 
been adopted (British Guiana Rules of Court, 1900, Order xxxvi.)., 
Ceylon (Code of Civil Procedure, No. 2 of 1889) ; the modes of exe- 
cution in the South African Colonies are also the subject of local 
enactment, largely influenced by English law (cf. the Sheriffs' 
Ordinance, 1902, No. 9 of 1902), (Orange River Colony) and (Pro- 
clamation 17 of 1902), Transvaal (Nathan, Common Law of South 
Africa, vol. iv. p. 2206) ; and generally, Van Zyl, Judicial Practice 
of South Africa, pp. 198 et seq. 

United States. — Execution in the United States is founded 
upon English law, which it closely resembles. Substantially the 
same forms of execution are in force. The provisions of the Statute 
of Frauds making the lien of execution attach only on delivery to 
the sheriff were generally adopted in America, and are still law in 
many of the states. The law as to the rights and duties of sheriffs 
is substantially the same as in England. The " homestead laws " 
(q.v.) which are in force in nearly all the American States exempt 
a certain amount or value of real estate occupied by a debtor as 
his homestead from a forced sale for the payment of his debts. 
This homestead legislation has been copied in some British colonies, 
e.g. Western Australia (No. 37 of 1898, Pt. viii.), Quebec (Rev. Stats., 
ss. 1743-1748), Manitoba (Rev. Stats., 1902, c. 58, s. 29, c. 21, s. 9), 
Ontario (Rev. Stats., 1897, c. 29), British Columbia (Rev. Stats., 
1897, c. 93), New South Wales (Crown Lands Act 1895, Pt. iii.), 
New Zealand (Family Homes Protection Act 1895, No. 20 of 1895). 

France. — Provisional execution (saisie-arret) with a view to 
obtain security has been already mentioned. Execution against 
personalty (saisie-execution) is preceded by a commandement or 
summons, personally served upon, or left at the domicile of the debtor 
calling -on him to pay. The necessary bedding of debtors and of 
their children residing with them, and the clothes worn by them, 
cannot be seized in execution under any circumstances. Objects 
declared by law to be immovable by destination (immeubles par 
destination), such as beasts of burden and agricultural implements, 
books relating to the debtor's profession, to the value of 300 francs, 
workmen's tools, military equipments, provisions and certain cattle 
cannot be seized, even for a debt due to Government, unless in respect 
of provisions furnished to the debtor, or amounts due to the manu- 
facturers or vendors of protected articles or to parties who advanced 
moneys to purchase, manufacture or repair them. Growing fruits 
cannot be seized except during the six weeks preceding the ordinary 
period when they become ripe. Execution against immovable 
property (la saisie immobiliere) is preceded also by a summons to 
pay, and execution cannot issue until the expiry of 30 days after 
service of such summons (see further Code Proc. Civ., Arts. 673-689). 
Imprisonment for debt was abolished in all civil and commercial 
matters by the law of 22nd of July 1867, which extends to foreigners. 
It still subsists in favour of the State for non-payment of fines, &c. 
The French system is in substance in forco in Belgium (Code Civ. 
Proc, Arts. 51 et seq.), the Netherlands (CodeCiv. Proc, Arts. 430 et 
seq.), Italy (Code Civ. Proc, Arts. 553 et seq., 659 et seq.), and Spain. 

Germany. — Under the German Code of Civil Prodecure (Arts. 
796 et seq.), both the goods and (if the goods do not offer adequate 
security) the person of the debtor may be seized (the process is called 
arrest) as a guarantee of payment. The debtor's goods cannot be 
sold except in pursuance of a judgment notified to the debtor either 
before or within a prescribed period after the execution (Art. 809 
[3], and law of 30th of April 1886). Imprisonment for debt in civil 
and commercial matters has been abolished or limited on the lines 
of the French law of 1 867 in many countries (e.g. Italy, law of the 
6th of December 1877; Belgium, law of the 27th of July 1871 ; 
Greece, law of the 9th of March 1900; Russia, decree of the 7th of 
March 1879). 



Authorities. — Anderson, Execution (London, 1889) ; Annual 
Practice (London, 1908) ; Johnston Edwards, Execution (London, 
1888); Mather, Sheriff Law (London, 1903). As to Scots law, 
Mackay, Manual of Practice (Edinburgh, 1893). As to American 
law, Bingham, Judgments and Executions (Philadelphia, 1836); 
A. C. Freeman, Law of Execution, Civil Cases (3rd ed., San Francisco, 
1900) ; H. M. Herman, Law of Executions (New York,-i875) ; American 
Notes to tit. " Execution," in Ruling Cases (London and Boston, 
1897) ; Bouvier, Law Diet., ed. Rawle (1897), s.v. " Execution." 

EXECUTORS AND ADMINISTRATORS, in English law, those 
persons upon whom the property of a deceased person both real 
and personal devolves according as he has or has not left a will. 
Executors differ from administrators both in the mode of their 
creation and in the date at which their estate vests. An executor 
can only be appointed by the will of his testator; such appoint- 
ment may be express or implied, and in the latter case he is said 
to be an executor "according to the tenor." The estate of an 
executor vests in him from the date of the testator's death. An 
administrator on the other hand is appointed by the probate 
division of the High Court, and his estate does not vest till such 
appointment, the title to the property being vested till then in 
the judge of the probate division. As to whom the court will 
appoint administrators and the various kinds of administrators 
see under Administration. Apart from these two points the 
rights and liabilities of executors and administrators are the 
same, and they may be indifferently referred to as the repre- 
sentative of the deceased. As to their appointment before the 
establishment of the court of probate see articles Will and 
Intestacy. Before the Land Transfer Act 1897, the real estate 
of the deceased did not devolve upon the representative but 
vested directly in the devisee or heir-at-law, but by that act 
it was provided that the personal representative should be also 
the real representative, and therefore it may now be said broadly 
that the representative takes the whole estate of the deceased. 
There are, however, a few minor exceptions to this rule, of which 
the most important are lands held in joint tenancy and copyhold 
lands. As the representative stands in the shoes of the deceased 
he is" entitled to sue upon any contract or for any debt which the 
deceased might have sued in his lifetime. 

The duties of a representative are as follows: 1. To bury the 
deceased in a manner suitable to the estate he leaves behind him; 
and the expenses of such funeral take precedence of any duty or 
debt whatever; but extravagant expenses will not be allowed. 
No rule can be laid down as to what is a reasonable allowance for 
this purpose, as it is impossible to know at the time of the funeral 
what the estate of the deceased may amount to. The broad rule 
is that the representative must allow such sum as seems reasonable, 
having regard to all the circumstances of the case and the conditions 
in life of the deceased, remembering that if he should exceed this he 
will be personally liable for such excess in the event of the estate 
proving insolvent. 

2. He must obtain probate or letters of administration to the 
deceased within six months of the death, or, if such grant be dis- 
puted, within two months of the determination of such suit. The 
penalty for not doing so is fixed by the Stamp Act 1815, § 37, at 
£100, and an additional stamp duty at the rate of 10 %• As to 
the formalities of Probate see that article. 

3. Strictly speaking, he must compile an inventory of all the 
estate of the deceased, whether in possession or outstanding, and he 
is to deliver it to the court on oath. He is to collect all the goods so 
inventoried and to commence actions to get in all those outstanding, 
and he is responsible to creditors for the whole of such estate, 
whether in possession or in action. This duty is thrown upon the 
representative by an act of 1529, but it is not the modern practice 
to exhibit such inventory unless he be cited for it in the spiritual 
court at the instance of a party interested. It is, however, necessary 
to file an affidavit setting out the value of the estate of the deceased 
upon applying for a grant of probate or letters of administration. 

4. The representative must pay the debts of the deceased according 
to their priority. Next to the legitimate funeral expenses come 
the costs of proving and administering the estate; in the event, 
however, of the funeral and testamentary expenses being charged 
by the will upon any particular fund, they will be primarily payable 
out of that fund. The representative must be careful to pay the 
debts according to the rules of priority, otherwise he will become 
personally liable to the creditors of one degree if he has exhausted 
the estate in paying creditors of a lesser degree. First of all, a 
solicitor has a lien for his costs upon any fund or duty which he has 
recovered for the deceased ; next in order come debts due to the 
crown by record or speciality; then debts given a priority by 
statute, as, for example, by the Poor Relief Act 1743, money due 
by an overseer of the poor to his parish. Next, debts of record, i.e. 



6 4 



EXEDRA— EXELMANS 



judgment recovered against the deceased in any court of record; 
all such debts are equal among themselves, but a judgment creditor 
who has sued out execution is preferred to one who has not; another 
class of debts of record are statutes merchant and staple, or recog- 
nizances in the nature of statute staple, i.e. bonds of record acknow- 
ledged before the lord mayor of London or the mayor of the staple. 
Last in the order of debts come specialty and simple contract debts, 
which by Hinde Palmer's Act (the Executors Act 1869) are of equal 
degree, though as between specialty debts bonds given for value 
rank before voluntary bonds unless assigned for value, and as 
between simple contract debts those due to the crown have priority. 
Though the creditors can if necessary take all the estate of the 
deceased to satisfy their claims, yet as between the various classes 
of assets the representative must pay the debts out of assets in the 
following order: (i.) General personal estate not specifically be- 
queathed nor exempted from payment of debts; (ii.) real estate 
appropriated to debts; (iii.) real estate descended; (iv.) real estate 
devised charged with payment of debts; (v.) general pecuniary 
legacies pro rata; (vi.) specific legacies and devises; (vii.) real 
estate over which a general power of appointment has been exercised 
by will; (viii.) the widow's paraphernalia. 

5. The debts of the deceased being satisfied, the representative 
must next proceed to satisfy the legacies and devises left by the 
testator. In order to enable him to do this with safety to himself, 
it is provided that he cannot be compelled to divide the estate 
among the legatees or next of kin until twelve months from the 
death of the deceased (this is commonly known as " the executor's 
year "), though if there is no doubt as to the solvency of the estate 
he may do so at once. As a further protection the representative 
may give notice by advertisement for creditors to send in their 
claims against the estate, and on expiration of the notices he may 
proceed to divide .the estate, though even then the creditor may 
follow the assets to the person who has received them and recover 
for his debt. As between legatees the following priorities must be 
observed: (1) Specific legatees and devisees, (2) demonstrative 
legatees, and (3) general legatees ; and as to this last class the testator 
can give priority to one over another. If there are not sufficient 
assets to pay the general legatees they must abate rateably. Legacies 
were not payable out of the real estate prior to the Land Transfer 
Act 1897, unless the testator charged the realty with them. Even 
then unless the testator exonerates his personalty from payment of 
the legacies the personalty will be the first fund chargeable. It 
has been suggested that the effect of the act is to make the realty 
chargeable pro rata with the personalty, but this is doubtful. 

6. The residue, after all legacies and devises are satisfied, must, 
if there be a will, be paid to the residuary legatee therein named, 
and if there be no will the real estate will go to the heir (see In- 
heritance) and the personalty to the next of kin (see Intestacy). 
It was held at one time that in default of a residuary legatee the 
residue fell to the executor himself, but now nothing less than the 
expressed intention of the testator can give it to him. 

The liabilities of the representative may be shortly stated. He is 
liable in his representative capacity in all cases where the deceased 
would be liable were he alive. To this general rule there are some 
exceptions. The representative cannot be sued for breach of a 
contract for personal services which can be performed only in the 
lifetime of the person contracting, nor again can he be sued in a 
case where unliquidated damages only could have been recovered 
against the deceased. He is liable in his personal capacity in the 
following cases: if he contracts to pay .a debt due by the deceased, 
or if having admitted that he had assets in his hands sufficient to 
pay a debt or legacy he has misapplied such assets so that he cannot 
satisfy them; or lastly, if by mismanaging the estate and effects 
of the deceased he has made himself liable for a devastavit. Shortly 
stated, a representative is bound to exercise the ordinary care of a 
business man in administering the estate of the deceased, and he 
will be liable for the loss to the estate caused by his own negligence, 
or by the negligence of a co-representative which his act or neglect 
has rendered possible. Though the general rule of delegatus non 
potest delegari holds good of a representative, yet in certain cases he 
may " rely upon skilled persons in matters in which he cannot be 
expected to be experienced," e.g. he must employ solicitors to 
conduct a lawsuit. 

The privileges of the representative are these: he may prefer one 
creditor to another of equal degree; he may retain a debt owing 
to him from the deceased as against other creditors of equal degree 
(see Retainer) ; he may reimburse himself out of the estate all 
expenses incurred in the execution of his trust. 

An executor de son tort is one who, without any title to do so, 
wrongfully intermeddles with the assets of the deceased, dealing 
with them in such a way as to hold himself out as executor. In 
such a case he is subject to all the liabilities of an executor, and can 
claim none of the privileges. He may be treated by the creditor as 
the executor, and, if he is really assuming to act as executor, creditors 
and legatees will get a good title from him, but he is liable to be sued 
by the rightful representative for damages for interfering with the 
property of the deceased. 

Scotland. — Executor in Scots law is a more extensive term than in 
English. He is cither nominative or dative, the latter appointed 
by the court and corresponding; ia most respects to the English 



administrator. Caution is required from the latter, not from the 
former. By the common law doctrine of passive representation the 
heir or executor was liable to be sued for implement of the deceased's 
obligations. The Roman principle of bemficium inventarii was first 
introduced by an act of 1695. As the law at present stands, the heir 
or executor is liable only to the value of the succession, except 
where there has been vitious intromission in movables, and in 
gestio pro haerede (behaviour as heir) and other cases in herit- 
ables. The present inventory duty on succession to movables and 
heritables depends on the Finance Acts i894-i909(see Estate Duty) . 
In England the executor is bound to pay the debts of the deceased 
in a certain order, but in Scotland they all rank pari passu except 
privileged debts (see Privilege). 

Authorities. — R. L. Vaughan Williams, The Law of Executors 
and Administrators; W. G. Walker, Compendium on the Law of 
Executors and Administrators; James Schouler, Law of Executors 
and Administrators (3rd ed., Boston, 1901). 

EXEDRA, or Exhedra (from Gr. eij, out, and eSpa, a seat), 
an architectural term originally applied to a seat or recess out 
of doors, intended for conversation. Such recesses were generally 
semicircular, as in the important example built by Herodes 
Attieus at Olympia. In the great Roman thermae (baths) they 
were of large size, and like apses were covered with a hemispheri- 
cal vault. An example of these exists at Pompeii in the Street 
of the Tombs. From Vitruvius we learn that they were often 
covered over, and they are described by him (v. 11) as places 
leading out of porticoes, where philosophers and rhetoricians 
could debate or harangue; 

EXELMANS, RENE JOSEPH ISIDORE, Count (1775-1852), 
marshal of France, was born at Bar-le-Duc on the 13th of 
November 1775. He volunteered into the 3rd battalion of the 
Meuse in 1791, became a lieutenant in 1797, and in 1798 was aide- 
de-camp to General Eble, and in the following year to General 
Broussier. In his first campaign in Italy he greatly distinguished 
himself; and in April 1799 he was rewarded for his services by 
the grade of captain of dragoons. In the same year he took 
part with honour in the conquest of Naples and was again pro- 
moted, and in 1801 he became aide-de-camp to General Murat. 
He accompanied Murat in the Austrian, Prussian and Polish 
campaigns of 1805, 1806 and 1807. At the passage of the 
Danube, and in the action of Wertingen, he specially distin- 
guished himself; he was made colonel for the valour which he 
displayed at Austerlitz, and general of brigade for his conduct 
at Eylau in 1807. In 1808 he accompanied Murat to Spain, 
but was there made prisoner and conveyed to England. 
On regaining his liberty in 181 1 he went to Naples, where 
King Joachim Murat appointed him grand-master of horse. 
Exelmans, however, rejoined the French army on the eve of the 
Russian campaign, and on the field of Borodino won the rank of 
general of division. In the retreat from Moscow his steadfast 
courage was conspicuously manifested on several occasions. 
In 1813 he was made, for services in the campaign of Saxony 
and Silesia, grand-officer of the Legion of Honour, and in 1814 
he reaped additional glory by his intrepidity and skill in the 
campaign of France. When the Bourbons were restored, 
Exelmans retained his position in the army. In January 181 5 
he was tried on an accusation of having treasonable relations 
with Murat, but was acquitted. Napoleon on his return from 
Elba made Exelmans a peer of France and placed him in 
command of the II. cavalry corps, which he commanded in 
the Waterloo campaign, the battle of Ligny and Grouchy's 
march on Wavre. In the closing operations round Paris 
Exelmans won great distinction. After the second Restora- 
tion he denounced, in the House of Peers, the execution of 
Marshal Ney as an " abominable assassination "; thereafter he 
lived in exile in Belgium and Nassau for some years, till 1819, 
when he was recalled to France. In 1828 he was appointed 
inspector-general of cavalry; and after the July revolution of 
1830 he received from Louis Philippe the, grand cross of the Legion 
of Honour, and was reinstated as a peer of France. At the 
revolution of 1848 Exelmans was one of the adherents 01 Louis 
Napoleon; and in 1851 he was, in recognition of his long and 
brilliant military career, raised to the dignity of a marshal of 
France. His death, which took place on the 10th of July 1852, 
was the result of a fall from his horse. 



EXEQUATUR— EXETER 



65 



EXEQUATUR, the letter patent, issued by a foreign office 
and signed by a sovereign, which guarantees to a foreign - consul 
the rights and privileges of his office, and ensures his recognition 
in the state in which he is appointed to exercise them. If a 
consul is not appointed by commission he receives no exequatur; 
and a notice in the Gazette in this case has to suffice. The exe- 
quatur may be withdrawn, but in practice, where a consul is 
obnoxious, an opportunity is afforded to his government to 
recall him. 

EXETER, EARL, MARQUESS AND DUKE OF. These 
English titles have been borne at different times by members 
of the families of Holand or Holland, Beaufort, Courtenay and 
Cecil. The earls of Devon of the family of de Redvers were 
sometimes called earls of Exeter; but the 1st duke of Exeter 
was John (c. 13 55-1400), a younger son of Thomas Holand, 
earl of Kent (d. 1360). John's mother, Joan (d. 1385), a descend- 
ant of Edward I., married for her third husband Edward the 
Black Prince, by whom she was the mother of Richard II., and 
her son John was thus the king's half-brother, a relationship 
to which he owed his high station at the English court. He 
married Elizabeth (d. 1426), a daughter of John of Gaunt, duke 
of Lancaster, and was constantly in Richard's train until 1385, 
when his murder of Ralph Stafford disturbed these friendly 
relations. John then went to Spain as constable of the English 
army under John of Gaunt; but after his return to England in 
1387 he was created earl of Huntingdon, was made admiral of 
the fleet and chamberlain of England, and was again high in the 
king's favour. He was Richard's chief helper in the proceedings 
against the lords appellant in 1397, was created duke of Exeter 
in September of this year, and went with the king to Ireland in 
1399. After the accession of his brother-in-law, Henry IV., 
Holand was tried for his share in the events of 1397, and was 
reduced to his earlier rank of earl of Huntingdon. He was 
soon plotting against Henry's life, and after the projected 
rising in 1400 had failed he was captured and was probably 
beheaded at Pleshey in Essex on the 16th of January 1400. 1 
He was afterwards attainted and his titles and lands were 
forfeited. 

In 1416 Thomas Beaufort, earl of Dorset, was created duke 
of Exeter; but this dignity was only granted for his life, and 
consequently it expired on his death in 1426. 

In 1416 John (1395-1447), son of John Holand, the former 
duke of Exeter, was allowed to take his father's earldom of 
Huntingdon. This nobleman rendered great assistance to 
Henry V. in his conquest of France, fighting both on sea and 
on land. He was marshal of England, admiral of England and 
governor of Aquitaine under Henry VI.; was one of the king's 
representatives at the conference of Arras in 1435; and in 1443 
was created duke of Exeter. When he died on the 5th of August 
1447 his titles passed to his son Henry (1430-1473), who,' 
although married to Anne (d. 1476), daughter of Richard, duke of 
York, fought for Henry VI. during the Wars of the Roses. After 
having been imprisoned by York at Pontefract, he was present 
at the battle of Towton, sailed with Henry's queen, Margaret 
of Anjou, to Flanders in 1463, and was wounded at Barnet in 
1471. In 1461 he had been attainted and his dukedom declared 
forfeited, and he died without sons, probably in 1473. 

Coming to the family of Courtenay the title of marquess of 
Exeter was borne by Henry Courtenay (c. 1496-1538), earl of 
Devon, who was made a marquess in T525. A grandson of 
Edward IV., Courtenay was a prominent figure at the court of 
Henry VIII. until Thomas Cromwell rose to power, when his 
high birth, his great wealth and his independent position made 
him an object of suspicion. Some slight discontent in the west 
of England gave the occasion for his arrest, and he was tried and 
beheaded on the 9th of December 1538. A few days later he 
was declared a traitor and his titles were forfeited; although 
his only son, Edward (c. 1526-1556), who was restored to the 

1 There is some difference of opinion about the place and manner 
of the earl's death, and this question has an important bearing upon 
the privilege of trial by peers of the realm. See L. W. Vernon- 
Harcourt, His Grace the Steward and Trial of Peers (1907). 

X. 3 



earldom of Devon in 1553 and was a suitor for the hand of Queen 
Mary, is sometimes called marquess of Exeter. 

The title of carl of Exeter was first bestowed upon the Cecils 
(see Cecil: Family) in 1605 when Thomas, 2nd Lord Burghley 
(1542-1623), the eldest son of William Cecil, Lord Burghley, 
was made earl of Exeter by James I. Thomas had been a 
member of parliament during the reign of Queen Elizabeth, who 
knighted him in 1575, and had fought under the earl of Leicester 
in the Netherlands. After his father's death in 1598 he became 
president of the Council of the North and was made a knight of 
the Garter. He died on the 7th or 8th of February 1623. His 
direct descendants continued to bear the title of earl of Exeter, 
and in 1801 Henry (1754-1804), the 10th earl, was advanced to 
the dignity of marquess of Exeter, the present marquess being 
his lineal descendant. It may be noted that the 1st marquess 
is Tennyson's " lord of Burghley." 

See G. E. C(okayne), Complete Peerage (1887-1898). 

EXETER, a city and county of a city, municipal, county and 
parliamentary borough, and the county town of Devonshire, 
England, 172 m. W.S.W. of London, on the London & South 
Western and the Great Western railways. Pop. (1901) 47,185. 
The ancient city occupies a broad ridge of land, which rises 
steeply from the left bank of the Exe. At the head of the ridge 
is the castle, on the site of a great British earthwork. The High 
Street and its continuation, called Fore Street, are narrow, but 
very picturesque, with many houses of the 16th arid 17th 
centuries. There is a maze of lesser streets within the ancient 
walls, the line of which may be traced. All the gates have 
disappeared. The suburbs, which have greatly extended since 
the beginning of the 19th century, contain many good streets, 
terraces and detached villas. The surrounding country is rich, 
fertile and of great beauty. Extensive views are commanded in 
the direction of Haldon, a stretch of high moorland which may 
be regarded as an outlier of Dartmoor. The lofty mpund of the 
castle is laid out as a promenade, with fine trees and broad walks. 

The cathedral, although not one of the largest in England, is 
unsurpassed in the. beauty of its architecture and the richness 
of its details. With the exception of the Norman transeptal 
towers, the general character is Decorated, ranging from about 
1280 to 1369. Transeptal towers occur elsewhere in England 
only in the collegiate church of Ottery St Mary, in Devonshire, 
for which Exeter cathedral served as a model. The west front 
is of later date than the rest (probably 1369-1394), and the 
porch is wholly covered with statues. Within, the most note- 
worthy features are the long unbroken roof, extending throughout 
nave and choir, with no central tower or lantern; the beautiful 
sculpture of bosses and corbels; the minstrel's gallery, projecting 
from the north triforium of the nave; and the remarkable 
manner in which the several parts of the church are made to 
correspond. The window tracery is much varied; but each 
window answers to that on the opposite side of nave or choir; 
pier answers to pier, aisle to aisle, and chapel to chapel, while 
the transeptal towers complete the balance of parts. A complete 
restoration under Sir G. G. Scott was carried out between 1870 
and 1877. The modern stall work, the reredos, the choir pave- 
ment of tiles, rich marbles and porphyries, the stained glass and 
the sculptured pulpits in choir and nave are meritorious. The 
episcopal throne, a sheaf of tabernacle work in wood, was erected 
by Bishop Stapeldon about 1320, and in the north transept is 
an ancient clock. The most interesting monuments are those of 
bishops of the 12th and 13th centuries, in the choir and lady 
chapel. Some important MSS., including the famous book of 
Saxon poetry given by Leofric to his cathedral, are preserved 
in the chapter-house. The united sees of Devonshire and 
Cornwall were fixed at Exeter from the installation there of 
Leofric (1050) by the Confessor, until the re-erection of the 
Cornish see in 1876. The bishop's palace embodies Early 
English portions. The diocese covers the greater part of Devon- 
shire, with a very small part of Dorsetshire. 

The guildhall in the High Street is a picturesque Elizabethan 
building, which contains some interesting portraits; among 
them being one of General Monk, who was a native of Devon, 

11 



66 



EXETER 



and another of Henrietta, duchess of Orleans, given by her 
brother Charles II. Both are by Sir Peter Lely. The assize 
hall and sessions house dates from 1774. The Albert Memorial 
Museum contains a school of art, an excellent free library, a 
reading-room, and a museum of natural history and antiquities. 
There is a good collection of local birds, and some remarkable 
pottery and bronze relics extracted from barrows near Honiton 
or found in various parts of Devonshire. Of the castle, called 
Rougemont, the chief architectural remnant is a portion of a 
gateway tower which may be late Norman. Traces are also 
seen of the surrounding earthworks, which may have belonged 
to the original British stronghold. Beneath the castle wall is 
the pleasant promenade of Northernhay. The churches of 
Exeter are of little importance, being mostly small, and closely 
beset with buildings, but the modern church of St Michael (i860) 
deserves notice. The Devon and Exeter Institution, founded 
in 1 8 13, contains a large and valuable library, and among 
educational establishments may be noticed the technical and 
university extension college, the diocesan training college and 
school; and the grammar school, which was founded under a 
scheme of Walter de Stapeldon, bishop of Exeter and founder of 
Exeter College, Oxford, in 1332, and refounded in 1629, but 
occupies modern buildings (1886) outside the city . It is endowed 
with a large number of leaving exhibitions, and about 150 boys 
are educated. There are two market-houses in the city, many 
hospitals and many charitable institutions, including the pictur- 
esque hospital or almshouse of William Wynard, recorder of 
Exeter (1439). 

Exeter is one of the principal railway centres in the south-west, 
and it also has some shipping trade, communicating with the 
sea by way of the Exeter ship-canal, originally cut in the reign 
of Elizabeth (1564), and enlarged in 1675 and 1827. This canal 
is an interesting work, being the first canal carried out in the 
United Kingdom for the purpose of enabling sea-going vessels to 
pass to an inland port. The river Exe was very early utilized 
by small craft trading to Exeter, parliament having granted 
powers for the improvement of the navigation by the construc- 
tion of a canal 3 m. long from Exeter to the river; at a later 
date this canal was extended lower down to the tidal estuary of 
the Exe. Previous to the year 1820 it was only available for 
vessels of a draft not exceeding 9 ft., but by deepening it, raising 
the banks, and constructing new locks, vessels drawing 14 ft. of 
water were enabled to pass up to a basin and wharves at Exeter. 
These works were carried out under the advice of Thomas 
Telford. A floating basin is accessible to vessels of 350 tons. 
Larger vessels lie at Topsham, at the junction of the canal with 
the estuary of the Exe; while at the mouth of the estuary is 
the port of Exmouth. Imports are miscellaneous, while paper, 
grain, cider and other goods are exported. Brewing, paper- 
making and iron-founding are carried on, and the city is an 
important centre of agricultural trade. The parliamentary 
borough returns one member. The city is governed by a 
mayor, 14 aldermen and 42 councillors. Area, 3158 acres. 
The eastern suburb of Heavitree, where is the Exeter city 
asylum, is an urban district with a population (1901) of 7529. 

Exeter was the Romano-British country town of Isca Dam- 
noniorum— -the most westerly town in the south-west of Roman 
Britain. Mosaic pavements, potsherds, coins and other relics 
have been found, and probably traces of the Roman walls survive 
here and there in the medieval walls. It is said to be the Caer 
I see of the Britons, and its importance as a British stronghold is 
shown by the great earthwork which the Britons threw up to 
defend it, on the site of which the castle was afterwards built, and 
by the number of roads which branch from it. Exeter is famous 
for the number of sieges which it sustained as the chief town 
in the south-west of England. In 1001 it was unsuccessfully 
besieged by the Danes, but in the following year was given by 
King ^Ethelred to Queen Emma, who appointed as reeve, Hugh, a 
Frenchman, owing to whose treachery it was taken and destroyed 
by Sweyn in 1003. By 1050, however, it had recovered, and 
was chosen by Leofric as the new seat of the bishops of Devon. 
In 1068, after a siege of eighteen days, Exeter surrendered to 



the Conqueror, who threw up a castle which was called Rouge- 
mont, from the colour of the rock on which it stood. Again in 
1 137 the town was held for Matilda by Baldwin de Redvers for 
three months and surrendered, at last, owing to lack of water. 
Three times subsequently Exeter held out successfully for the king 
■ — in 1467 against the Yorkists, in 1497 against Perkin Warbeck, 
and in 1549 against the men of Cornwall and Devon, who rose 
in defence of the old religion. During the civil wars the city 
declared for parliament, but was in 1643 taken by the royalists, 
who held it until 1646. The only other historical event of 
importance is the entry of William, prince of Orange, in 1688, 
shortly after his arrival in England. Exeter was evidently a 
borough by prescription some time before the Conquest, since 
the burgesses are mentioned in the Domesday Survey. Its 
first charter granted by Henry I. gave the burgesses all the free 
customs which the citizens of London enjoyed, and was confirmed 
and enlarged by most of the succeeding kings. By 1227 govern- 
ment by a reeve had given place to that by a mayor and four 
bailiffs, which continued until the Municipal Reform Act of 1835. 
Numerous trade gilds were incorporated in Exeter, one of the 
first being the tailors' gild, incorporated in 1466. This by 1482 
had become so powerful that it interfered with the government 
of the town, and was dissolved on the petition of the burgesses. 
Another powerful gild was that of the merchant adventurers, 
incorporated in 1550, which is said to have dictated laws to which 
the mayor and bailiffs submitted. From 1295 to 1885 Exeter 
was represented in parliament by two members, but in the latter 
year the number of representatives was reduced to one. Exeter 
was formerly noted for the manufacture of woollen goods, 
introduced in Elizabeth's reign, and the value of its exports 
at one time exceeded half a million sterling yearly. The trade 
declined partly owing to the stringent laws of the trade gilds, 
and by the beginning of the 19th century had entirely dis- 
appeared, although at the time of its greatest prosperity it 
had been surpassed in value and importance only by that of 
Leeds. 

See Victoria County History, Devon; Richard Izacke, Antiquities 
of the City of Exeter (1677) ; George Oliver, The History of the City 
of Exeter (1861); and E. A. Freeman, Exeter (" Historic Towns " 
series) (London, 1887), in the preface to which the names of earlier 
historians of the city are given. 

EXETER, a town and one of the county-seats of Rockingham 
county, New Hampshire, U.S.A., on the Squamscott river, 
about 12 m. S.W. of Portsmouth and about 51 m. N. by E. of 
Boston, Mass. Pop. (1890) 4284; (1900) 4922 (1066 foreign- 
born); (1910) 4897; area, about 17 sq. m. It is served by the 
Western Division of the Boston & Maine railway. The town 
has a public library and some old houses built in the colonial 
period, and is the seat of Phillips Exeter Academy (incorporated 
in 1 781 and opened in 1783). In its charter this institution is 
described as " an academy for the purpose of promoting piety 
and virtue, and for the education of youth in the English, Latin 
and Greek languages, in writing, arithmetic, music and the art 
of speaking, practical geometry, logic and geography, and such 
other of the liberal arts and sciences or languages, as opportunity 
may hereafter permit." It was founded by Dr John Phillips 
(1719-1795), a graduate of Harvard College, who acquired 
considerable wealth as a merchant at Exeter and gave nearly 
all of it to the cause of education. The academy is one of the 
foremost secondary schools in the country, and among its 
alumni have been Daniel Webster, Edward Everett, Lewis 
Cass (born in Exeter in a house still standing), John Parker Hale, 
George Bancroft, Jared Sparks, John Gorham Palfrey, Richard 
Hildreth and Francis Bowen. The government of the academy 
is vested in a board of six trustees, regarding whom the founder 
provided that a majority should be laymen and not inhabitants 
of Exeter. In 1909-1910 the institution had 20 buildings, 32 
acres of recreation grounds, 16 instructors and 488 students, 
representing ^8 states and territories of the United States and 
4 foreign countries. At Exeter also is the Robinson female 
seminary (1867), with 14 instructors and 272 students in 1906- 
1907. The river furnishes water-power, and among the manu- 
factures of the town are shoes, machinery, cottons, brass, &c. 



EXETER BOOK— EXHIBITION 



67 



The town is one of the oldest in the state; it was founded in 
1638 by Rev. John Wheelwright, an Antinomian leader who 
with a number of followers settled here after his banishment 
from Massachusetts. For their government the settlers adopted 
(1639) a plantation covenant. There was disagreement from the 
first, however, with regard to the measure of loyalty to the king, 
and in 1643, when Massachusetts had asserted her claim to this 
region and the other three New Hampshire towns had submitted 
to her jurisdiction, the majority of the inhabitants of Exeter 
also yielded, while the minority, including the founder, removed 
from the town. In 1680 the town became a part of the newly 
created province of New Hampshire. During the French arid 
Indian wars it was usually protected by a garrison, and some 
of the garrison houses are still standing. From 1776 to 1784 
the state legislature usually met at Exeter. 

See C. H. Bell, History of the Town of Exeter (Exeter, 1888). 

EXETER BOOK [Codex Exoniensis], an anthology of Anglo- 
Saxon poetry presented to Exeter cathedral by Leofric, 1 bishop 
of Exeter, England, from 1050 to 107 1, and still in the possession 
of the dean and chapter. It contains some legal documents, the 
poems entitled Crist, Guthlac, Phoenix, Juliana, The Wanderer 
and others, and concludes with between eighty and ninety 
riddles. It was first described in Humphrey Wanley's Catalogus 
. . . (1705) in detail but with many inaccuracies; subse- 
quently by J. J. Conybeare, Account of a Saxon Manuscript 
(a paper read in 1812; printed with some extracts from the 
MS. in Archaeologia, vol. xvii. pp. 180-197, 1814). A complete 
transcript made (1831) by Robert Chambers is in the British 
Museum (Addit. MS. 9067). It was first printed in 1842 by 
Benjamin Thorpe for the Soc. of Antiq., London, as Codex 
Exoniensis . . . with an English Translation, Notes and Indexes. 
More recent editions, chiefly based on Thorpe's text, are: — in 
Chr. Grein's Bibliothek der A.S. Poesie (vol. iii. part 1, ed. 
R. Wiilker, Leipzig, 1897, with a bibliography), J. Schipper in 
Pfeiffer's Germania, vol. xix. pp. 327-339, and Israel Gollancz, 
The Exeter Book, pt. i. (1895), with English translation, for the 
Early English Text Society. 

A detailed account, with bibliographies of the separate poems, is 
given by R. Wiilker, in Grundriss . . . der A.S. Literatur, pp. 218-236 
(Leipzig, 1885) ; see also the introduction to The Crist of Cynewulf . . . , 
edited by Prof. A. S. Cook, with introduction, notes and a glossary 
(Boston, U.S.A., 1900). For the poems contained in the MS. see 
also Cynewulf and Riddles. 

EXHIBITION, a term, meaning in general a public display, 2 
which has a special modern sense as applied to public shows of 
goods for the promotion of trade (Fr. exposition). The first 
exhibition in this sense of which there is any account, in either 
sacred or profane history, was that held by King Ahasuerus, 
who, according to the Book of Esther, showed in the third year 
of his reign "the riches of his glorious kingdom, and the honour 
of his excellent majesty, many days, even a hundred and four- 
score days." The locale of this function was Shushan, the 
palace and the exhibits consisted of " white, green and blue 
hangings, fastened with cords of fine linen and purple to silver 
rings and pillars of marble: the beds were of gold and silver, 
upon a pavement of red, and blue, and white and black marble. 
And they gave them drink in vessels of gold, the vessels being 
diverse one from another." The first exhibition since the 
Christian] era was at Venice during the dogeship of Lorenzo 
Tiepolo, in 1268. On that occasion there was a grand display, 
consisting of a water fete, a procession of the trades and an 
industrial exhibition. The various gilds of the Queen City of the 
Seas marched through the narrow streets to the great square of 
St Mark, and their leaders asked the dogaressa to inspect the 
products of their industry. Other medieval exhibitions were 
the fairs held at Leipzig and Nizhni Novgorod in Europe, at 
Tanta in Egypt, and in 1689 that by the Dutch at Leiden. 

, l For Leofric, see F. E. Warren, The Leofric Missal (1883). 

2 An " exhibition," in the sense of a minor scholarship, or annual 
payment to a student from the funds of a school or college, is a 
modern survival from the obsolete meaning of " maintenance " or 
" endowment " (cf. Late Lat. exhibitio et tegumentum, i.e. food and 
raiment). 



The first modern exhibition was held at London in 1756 by 
the Society of Arts, which offered prizes for improvements in 
the manufacture of tapestry, carpets and porcelain, the exhibits 
being placed side by side. Five years afterwards, in 1761, the 
same society gave an exhibition of agricultural machinery. 
In 1797 a collective display of the art factories of France, includ- 
ing those of Sevres, the Gobelins and the Savonnerie, was made 
in the palace of St Cloud, and the exhibition was repeated during 
the following year in the rue de Varennes, Paris. This experiment 
was so successful that in the last three days of the same year an 
exhibition under official auspices, at which private exhibitors 
were allowed to compete, was held in the Champ de Mars. Four 
years later, in 1801, there was a second official exhibition in 
the grand court of the Louvre. Upon that occasion juries of 
practical men examined the objects shown, and the winners of a 
gold medal were invited to dine with Napoleon, who was at 
that time First Consul. In the report of the jury the following 
remarkable sentence appeared: — " There is not an artist or 
inventor who, once obtaining thus a public recognition of 
his ability, has not found his reputation and his business 
largely increased." The third Paris Exhibition, held in 1802, 
was the first to publish an official catalogue. There were 540 
exhibitors, including J. E. Montgolfier, the first aeronaut, and 
J. M. Jacquard, the inventor of the loom which bears his name. 
The fourth exhibition was held in 1806 in the esplanade in front 
of the Hotel des Invalides, and attracted 1422 exhibitors. There 
were no more exhibitions till after the fall of the empire, but in 
1819 the fifth was held during the reign of Louis XVIII., with 
1622 exhibitors. Others were held at Paris at various intervals, 
that in 1849 having 4500 exhibitors. 

Other exhibitions, though on a smaller scale, were held in 
Dublin, London, and in various parts of Germany and Austria 
during the first half of the 19th century — that in 1844, held at 
Berlin, having 3040 exhibitors. Switzerland, Holland, Belgium, 
Sweden, Russia, Poland, Italy, Spain and Portugal all held 
exhibitions, and there was a Free Trade Bazaar of British 
Manufactures at Covent Garden theatre in 1845, which at 
the time created a great deal of interest. But all these 
exhibitions were confined to the products of the country 
in which they took place, and the first great International 
Exhibition was held in London in 1851 by the Society of Arts, 
under the presidency of the prince consort. All nations were 
invited to compete; a site was obtained in Hyde Park, and a 
building 20 acres in extent was erected, after the design of Sir 
Joseph Paxton, at a cost of £193,168. The exhibition was open 
for five months and fifteen days. The receipts amounted to 
£506,100, and the surplus was £186,000. The number of visitors 
was 6,039,195, and the money taken at the doors was £423,792. 
The total, number of exhibitors was 13,937, of which Great 
Britain contributed 6861, the British colonies 520 and foreign 
countries 6556. The International Exhibition of 1851 was 
followed by those of New York and Dublin in 1853, Melbourne 
and Munich in 1854, and Paris in 1855 — this latter was held in 
the Palais d' Industrie, which remained in existence until pulled 
down to make room for the two Palais des Beaux Arts, which 
formed one of the attractions of the 1900 exhibition. The 
exhibitors numbered 20,839 an d the visitors 5,162,330. There 
were national exhibitions during the following years in several 
European countries, but the next great world's fair was held at 
London in 1862. The total space roofed in amounted to 988,000 
sq. ft., 22-65 acres, the number of visitors was 6,211,103, and 
the amount received at the doors £408,530. The death of the 
prince consort had a depressing effect upon the enterprise. 
In 1865 an exhibition was held at Dublin, the greater proportion 
of the funds being supplied by Sir Benjamin Lee Guinness. 
The number of attendances during six months was 900,000, and 
the exhibition was opened at night. An Italian exhibition was 
held at Rome in 1862. 

The Paris Exhibition of 1867 was upon a far larger scale than 
that of 1855. It was held, like those that preceded and succeeded 
it, at the Champ de Mars, and covered 41 acres. The building 
resembled an exaggerated gasometer. The external ring 'was 



68 



EXHIBITION 



devoted to machinery,, the internal to the gradual develop- 
ment of civilization, commencing with the stone age and con- 
tinuing to the present era,. A great feature of the exhibition was 
the park, which was studded with specimens of every style of 
modern architecture — Turkish mosques, Swedish cottages, 
English lighthouses, Egyptian palaces and Swiss chalets. The 
number of attendances was 6, 805,969. The exhibitors numbered 
43,217, and the total amount received for entrances, concessions, 
&c, was £420,735. This was the first exhibition at which there 
were international restaurants. The cost of the exhibition was 
defrayed partly by the state and partly by private subscriptions. 

Small exhibitions were held in various parts of Europe between 
1867 and 1870, and in the latter year a series of international 
exhibitions, confined to one or two special descriptions of 
produce or manufactures, was inaugurated in London at South 
Kensington. These continued till 1874, but they failed to attract 
any very large attendance of the public and were abandoned. 
A medal was given to each exhibitor, and reports on the various 
exhibits were published, but there was no examination of the 
exhibits by jurors. . In 1873 there was an International Exhibi- 
tion at Vienna. The main building, a rotunda, was erected in 
the beautiful park of the Austrian capital. There were halls 
for machinery and agricultural products, and hundreds of 
buildings, erected by different nations, were scattered amongst 
the woodlands of the Prater. Unfortunately, an outbreak 
of cholera diminished the attendance of visitors, and the receipts 
were only £206,477, although the visitors were said to have 
reached 6,740,500, and the number of exhibitors was 25,760. 

None of the International Exhibitions held between 1857 
and 1873 had attracted as many as 7,000,000 visitors, but the 
gradual extension of education amongst the masses, and the 
greater facilities for locomotion, brought about by the growth 
of the railway system in all portions of the civilized world, 
largely. increased the attendances at subsequent World's Fairs. 
The Centennial Exhibition of 1876, to celebrate the one-hundredth 
anniversary of American Independence, was held at Fairmount 
Park, Philadelphia. The funds were raised partly by private 
subscriptions, and partly by donations from the city of Phila- 
delphia, from Pennsylvania and some of the neighbouring states. 
The central government at Washington made a large loan, 
which was subsequently repaid. The principal buildings, five in 
number, occupied an area of 485 acres, and there were several 
smaller structures, which in the aggregate must have filled half 
as much space more, the largest being that devoted to the ex- 
hibits of the various departments of the United States govern- 
ment, which covered 7 acres. Several novelties in exhibition 
management were introduced at Philadelphia. Instead of gold, 
silver and bronze medals, only one description, bronze, was 
issued, the difference between the merits of the different exhibits 
being shown by the reports. Season tickets were not issued, 
and the price of admission, the same on all occasions, was half 
a dollar, or about 2s. id. The exhibition was not open at night 
or on Sundays, thus following the British, and not the con- 
tinental, precedent. The number of visitors was 9,892,625, of 
whom 8,004,214 paid for admission, the balance being exhibitors, 
officials and attendants. The total receipts amounted to 
£763,899. Upon one occasion, the Pennsylvania day, 274,919 
persons — the largest number that had visited any exhibition 
up to that date — passed through the turnstiles. The display 
of machinery was the finest ever made, that of the United States 
occupying 480,000 sq. ft. The motive-power was obtained from 
a Corliss engine of 1600 horse-power. At this exhibition the 
United Kingdom and the British Colonies of Canada, Victoria, 
New South Wales, New Zealand, Cape Colony and Tasmania 
made a very fine display, which was only excelled by that of the 
United States, 

The Paris Exhibition of 1878 was upon a far larger scale in 
every respect than any which had been previously held in any 
part of the world. The total area covered not less than 66 acres, 
the main building in the Champ de Mars occupying 54 acres. 
The French exhibits filled one-half the entire space, the remaining 
moiety being occupied by the other nations of the world. The 



United Kingdom, British India, Canada, Victoria, New South 
Wales, Queensland, South Australia, Cape Colony and some 
of the British crown colonies occupied nearly one-third of the 
space set aside for nations outside France. Germany was the 
only great country which was not represented, but there were a 
few German paintings. The display of fine arts and machinery 
was upon a very large and comprehensive scale, and the Avenue 
des Nations, a street 2400 ft. in length, was devoted to specimens 
of the domestic architecture of nearly every country in Europe, 
and of several in Asia, Africa and America. The palace of the 
Trocadero, on the northern bank of the Seine, was erected for 
the exhibition. It was a handsome structure, with towers 250 ft. 
in height and flanked by two galleries. The rules for admission 
were the same as those at Philadelphia, and every person — 
exhibitor, journalist or official — who had the right of entrance 
was compelled to forward two copies of his or her photograph, 
one of which was attached to the card of entry. The ordinary 
tickets were not sold at the doors, but were obtainable at various 
government offices and shops, and from numerous pedlars in 
all parts of the city and suburbs. The buildings were somewhat 
unfinished upon the opening day, political complications having 
prevented the French government and the French people from 
paying much attention to the exhibition till about six months 
before it was opened; but the efforts made in April were pro- 
digious, and by June 1st, a month after the opening, the exhibi- 
tion was complete, and afforded an object-lesson of the recovery 
of .France from the calamities of ,1870-1871. The decisions 
arrived at by the international juries were accompanied by 
medals of gold, silver and bronze. The expenditure by the 
United Kingdom was defrayed out of the consolidated revenue, 
each British colony defraying its own expenses. The display of 
the United Kingdom was under the control of a royal commission, 
of which the prince of Wales was president. The number of 
paying visitors to the exhibition was 13,000,000, and the cost 
of the enterprise to the French government, which supplied all 
the funds, was a little less than a million sterling, after allowing 
for the value of the permanent buildings and the Trocadero 
Palace, which were sold to the city of Paris. The total number 
of persons who visited Paris during the time the exhibition was 
open was 571,792, or 308,974 more than came to the French 
metropolis during the year 1877, and 46,021 in excess of the 
visitors during the previous exhibition of 1867. It was stated 
at the time that, in addition to the impetus given to the trade of 
France, the revenue of the Republic and of the city of Pari3 
from customs and octroi duties was increased by nearly three 
millions sterling as compared with the previous year. 

Exhibitions on a scale of considerable magnitude were held at 
Sydney and Melbourne in 1879 and 1880, and many continental 
and American manufacturers took advantage of them in order 
to bring the products of their industry directly under the notice 
of Australian consumers, who had previously purchased their 
supplies through the instrumentality of British merchants. 
The United Kingdom and India made an excellent display at 
both cities, but the effect of the two great Australian exhibitions 
was to give a decided impetus to German, American, French and 
Belgian trade. One of the immediate results was that lines of 
steamers to Melbourne and Sydney commenced to run from 
Marseilles and Bremen; another, that for the first time in the 
history of the Australian colonies, branches of French banks 
were opened in the two principal cities. The whole cost of these 
exhibitions was defrayed by the local governments. 

Exhibitions were held at Turin and Brussels during 1880, 
and smaller ones at Newcastle, Milan, Lahore, Adelaide, Perth, 
Moscow, Ghent and Lille during 1881 and 1882, and at Zurich, 
Bordeaux and Caraccas in Venezuela during 1883. The next 
of any importance was held at Amsterdam in the latter year. 
On that occasion a new departure in exhibition management 
was made. The government of the Netherlands was to a certain 
extent responsible for the administration of the exhibition, 
but the funds were obtained from private sources, and a charge 
was made to each nation represented for the space it occupied. 
The United Kingdom, India, Victoria and New South Wa'es 



EXHIBITION 



69 



took part in the exhibition, but there was no official representa- 
tion of the mother country. Exhibitions on somewhat similar 
lines were held at Nice and Calcutta in the winter of 1883 and 
1884, and at Antwerp in 1895. 

A series of exhibitions, under the presidency of the then prince 
of Wales, and managed by Sir Cunliffe Owen, was commenced at 
South Kensington in 1883. The first was devoted to a display of 
the various industries connected with fishing; the second, in 
1884, to objects connected with hygiene; the third, in 1885, to 
inventions; and the fourth, in 1886, to the British Colonies and 
India. These exhibitions attracted a large number of visitors 
and realized a substantial profit. They might have been con- 
tinued indefinitely if it had not been that the buildings in which 
they were held had become very dilapidated, and that the ground 
covered by them was required for other purposes. There ,was 
no examination of the exhibits by juries, but a tolerably liberal 
supply of instrumental music was supplied by military and 
civil bands. The Crystal Palace held a successful International 
Exhibition in 1884, and there was an Italian Exhibition at Turin, 
and a Forestry Exhibition at Edinburgh, during the same year. 
A World's Industrial Fair was held at New Orleans in 1884-1885, 
and there were universal Exhibitions at Montenegro and Antwerp 
in 1885, at Edinburgh in 1886, Liverpool, Adelaide, Newcastle 
and Manchester in 1887, and at Glasgow, Barcelona and Brussels 
in 1888. Melbourne held an International Exhibition in 1888- 
1889 to celebrate the Centenary of Australia. Great Britain, 
Germany, France, Austria and the United States were officially 
represented, and an expenditure of £237,784 was incurred by the 
local government. 

The Paris Exhibition of 1889 marked an important change 
in the policy which had previously characterized the management 
of these gatherings. The funds were contributed partly by the 
state, which voted 17,000,000 francs, and by the municipality of 
Paris, which gave 8,000,000. A guarantee fund amounting to 
23,124,000 francs was raised, and on this security a sum of 
18,000,000 francs was obtained and paid into the coffers of the 
administration. The bankers who advanced this sum recouped 
themselves by the issue of 1,200,000 " bons," each of 25 francs, 
Every bon contained 25 admissions, valued at 1 franc, and 
certain privileges in the shape of participation in a lottery, the 
grand prix being £20,000. The calculations of the promoters 
were tolerably accurate. The attendances reached the then 
unprecedented number of 32,350,297, of whom 25,398,609 paid 
in entrance tickets and 2,723,366 entered by season tickets. A 
sum of 2,307,999 francs was obtained by concessions for 
restaurants and " side-shows," upon which the administration 
relied for much of the attractiveness of the exhibition. The 
total expenditure was 44,000,000 francs, and there was a small 
surplus. The space covered in the Champ de Mars, the Trocadero, 
the Palais d'Industrie, the Invalides and the Quai d'Orsay was 
72 acres, as compared with 66 acres in 1878 and 41 acres in 1867. 
Amongst the novelties was the Eiffel Tower, 1000 ft. in height, 
and a faithful reproduction of a street in Cairo. The system of 
international juries was continued, but instead of gold, silver 
and copper medals, diplomas of various merits were granted, 
each entitling the holder to a uniform medal of bronze. Some 
of the " side-shows," although perhaps pecuniary successes, 
did not add to the dignity of the exhibition. The date at which 
it was held, the Centenary of the French Revolution, did not 
commend it to several European governments. Austria, 
Hungary, Belgium, China, Egypt, Spain, Great Britain, Italy, 
Luxemburg, Holland, Peru, Portugal, Rumania and Russia 
took part, but not officially, while Germany, Sweden, Turkey 
and Montenegro were conspicuous by their absence. On the 
other hand, Argentina, Bolivia, Chile, the United States, Greece, 
Guatemala, Morocco, Mexico, Nicaragua, Norway, Paraguay, 
Salvador, the South African Republic, Switzerland, Uruguay 
and Venezuela sent commissioners, who were accredited to the 
government of the French Republic. The total number of 
exhibitors was 61,722, of which France contributed 33,937, and 
the rest of the world 27,785. The British and colonial section 
was under the management of the Society of Arts, which obtained 



a guarantee fund of £16,800, and, in order to recoup itself for its 
expenditure, made a charge to exhibitors of 5s. per sq. ft. for the 
space occupied. There were altogether 1149 British exhibitors, 
of whom 429 were in the Fine Arts section. One of the features 
of the exhibition was the number of congresses and conferences 
held in connexion with it. 

During the year 1890 there was a Mining Exhibition at the 
Crystal Palace, and a Military Exhibition in the grounds of 
Chelsea Hospital; in 1891 a Naval Exhibition at Chelsea and 
an International at Jamaica. In 1891-1892 there were exhibi- 
tions at Palermo and at Launceston in Tasmania; in 1892, a 
Naval Exhibition at Liverpool, and one of Electrical Appliances 
at the Crystal Palace. A series of small national exhibitions 
under private management was held at Earl's Court between 
1887 and 1891. The first of the series was that of the United 
States — Italy followed in 1888, Spain in 1889, France in 1890 
and Germany in 1891. 

The next exhibition of the first order of magnitude was at 
Chicago in 1893, and was held in celebration of the 400th anni- 
versary of the discovery of America by Columbus. The financial 
arrangements were undertaken by a company, with a capital of 
£2,000,000. The central government at Washington allotted 
£20,000 for the purposes of foreign exhibits, and £300,000 for 
the erection and administration of a building for exhibits from 
the various government departments. The exhibition was held 
at Jackson Park, a place iot public recreation, 586 acres in extent, 
situated on the shore of Lake Michigan} on the southern side of 
the city, with which it was connected by railways and tramways. 
Special provision was made for locomotion in the grounds 
themselves by a continuous travelling platform and an elevated 
electric railway. The proximity of the lake, and of some artificial 
canals which had been constructed, rendered possible the service 
of electric and steam launches; The exhibition remained open 
from the 1st of May to the 30th of October, and was visited by 
21,477,212 persons, each of whom paid half a dollar (about 
2s. id.) for admission. The largest number of visitors on any 
one day was 716,881. In addition to its direct vote of £320,000, 
Congress granted £500,000 to the exhibition in a special coinage, 
which sold at an enhanced price. The receipts from admissions 
were £2,120,000; from concessions, £750,000; and the miscel- 
laneous receipts, £159,000: total, £3,029,000. The total 
expenses were £5,222,000. Of the sums raised by the Company, 
£400,000 was returned to the subscribers. Speaking roughly, it 
may be said that the total outlay on the Chicago Exhibition was 
six millions sterling, of which three millions were earned by the 
Fair, two millions subscribed by Chicago and a million provided 
by the United States government, , The sums expended by the 
participating foreign governments were estimated at £1,440,000. 
The total area occupied by buildings at Chicago was as nearly as 
possible 200 acres, the largest building, that devoted to manu- 
factures, being 1687 ft. by 787, and 30-5 acres. The funds for 
the British commission, which was under the control of the 
Society of Arts, were provided by the imperial government, 
which granted £60,000. The number of British exhibitors was 
2236, of whom 597 were Industrial, 501 Fine Arts and 1138 
Women's work. In this total were included 18 Indian exhibi- 
tors. The space occupied by Great Britain was 306,285 sq. ft.; 
and, in addition, separate buildings were erected in the grounds. 
These were Victoria House,- the headquarters of the British 
commission; the Indian Pavilion, erected by the Indian Tea 
Association; the Kiosk of the White Star Steamship Company; 
and the structure set up by the Maxim-Nordenfelt Company. 
Canada and New South Wales had separate buildings, which 
covered 100,140 and 50,951 sq. ft. respectively; and Cape 
Colony occupied 5250, Ceylon 27,574, British Guiana 3367, 
Jamaica 4250, Trinidad 3400 and India 3584, sq. ft. in the 
several buildings. The total space occupied by the British 
Colonies was therefore 193,660 sq. ft. The system of awards 
was considered extremely unsatisfactory. Instead of inter- 
national juries, a single judge was appointed for each class, and 
the recompenses were all of one grade, a bronze medal and a 
diploma, on which was stated the reasons which induced the 



7° 



EXHIBITION 



judge to make his decision. Some judges took a high standard, 
and refused to make awards except to a small proportion of 
selected exhibits ; others took a low one, and gave awards 
indiscriminately. About 1183 awards were made to British 
exhibitors. The French refused to accept any awards. The 
value of the British goods exhibited was estimated, exclusive 
of Fine Arts, at £430,000, and the expenses of showing them at 
£200,000. A large expenditure was incurred in the erection of 
buildings, which were more remarkable for their beauty and 
grandeur than for their suitableness to the purposes for which 
they were intended. Considerable areas were devoted to " side- 
shows," and the Midway Plaisance, as it was termed, resembled 
a gigantic fair. Every country in the world contributed some- 
thing. There were sights and shows of every sort from every- 
where. The foreign countries represented were Argentina, 
Austria, Belgium, Bolivia, Brazil, Bulgaria, Chile, Colombia, 
Costa Rica, Cuba, Curacoa, Denmark, Danish West Indies, 
Ecuador, France, Germany, Greece, Guatemala, Honduras, 
Hayti, Japan, Johore, Korea, Liberia, Mexico, Monaco, Nether- 
lands, Norway, Orange Free State, Paraguay, Persia, Portugal, 
Russia, Siam, Spain, Sweden, Turkey, United Kingdom and 
Colonies, Uruguay and Venezuela. 

Exhibitions were held at Antwerp, Madrid and Bucharest 
in 1894; Hobart in 1894-1895; Bordeaux, 1895; Nizhni 
Novgorod, Berlin and Buda-Pest in 1896; Brussels and Brisbane 
in 1897. A series of exhibitions, under the management of the 
London Exhibitions Company, commenced at Earl's Court in 
1895 and continued in successive years. 

The Paris Exhibition of 1900 was larger than any which had 
been previously held in Europe. The buildings did not cover 
so much ground as\those at Chicago, but many of those at Paris 
had two or more floors. In addition to the localities occupied 
in 1889, additional space was obtained at the Champs Elysees, 
the park of Vincennes, on the north bank of the Seine between 
the Place de la Concorde, and at the Trocadero. The total 
superficial area occupied was as follows: Champ de Mars, 
124 acres; Esplanade des Invalides, 30 acres; Trocadero 
Gardens, 40 acres; Champs Elysees, 37 acres; quays on left 
bank of Seine, 23 acres; quays on right bank of Seine, 23 acres; 
park at Vincennes, 270 acres : total, 549 acres. The space occupied 
by buildings and covered in amounted to 4,865,328 sq. ft., mj 
acres. The French section covered 2,691,000 sq. ft., the foreign 
1,829,880, and those at the park of Vincennes 344,448 sq. ft. 
About one hundred French and seventy-five foreign pavilions and 
detached buildings were erected in the grounds in addition to 
the thirty-six official pavilions,' which were for the most part 
along the Quai d'Orsay. Funds were raised upon the same 
system as that adopted in 1889. The French government granted 
£800,000, and a similar sum was contributed by the munici- 
pality of Paris. £2,400,000 was raised by the issue of 3,250,000 
" bons," each of the value of 20 francs, and containing 20 
tickets of admission to the exhibition of the face value of one 
franc each, and a document which gave its holder a right either 
to a reduced rate for admission to the different " side-shows " 
or else to a diminution in the railway fare to and from Paris, 
together with a participation in the prizes, amounting to six 
million francs, drawn at a series of lotteries. Permission to 
erect restaurants, and to open places of amusement in buildings 
erected for that purpose, were sold at high prices, and for these 
privileges, which only realised 2,307,999 francs in 1889, the 
concessionaires agreed to pay 8,864,442 francs in 1900. The 
results did not justify the expectations which had been formed, 
and the administration finally consented to receive a much 
smaller sum. The administration calculated that they would 
have 65,000,000 paying visitors, though there were only 13,000,000 
in 1878 and 25,398,609 in 1889. A very few weeks after the 
opening day, April 15th, it became evident that the estimated 
figures would not be reached, since a large number of holders 
of " bons " threw them on the market, and the selling price of 
an admission ticket declined from the par value of one franc to 
less than half that amount, or from 30 to 50 centimes. The 
proprietors of the restaurants and " side-shows " discovered 



that they had paid too much for their concessions, that the 
buildings they had erected were far too handsome and costly 
to be profitable, and that the public preferred the exhibition 
itself to the so-called attractions. The exhibition was largely 
visited by foreigners, but various causes kept away many 
persons of wealth and position. Although many speculators were 
ruined, the exhibition itself was successful. The attendance 
was unprecedentedly large, and during the seven months the 
exhibition was open, 39,000,000 persons paid for admission with 
47,000,000 tickets, since from two to five tickets were demanded 
at certain times of the day and on certain occasions. The entries 
of exhibitors, attendants and officials totalled 9,000,000. The 
receipts were 114,456,213 francs (£4,578,249), and the ex- 
penditure 116,500,000 (£4,660,000), leaving a deficiency of rather 
more than two millions of francs (£80,000). It was calculated 
that the expenditure of the foreign nations which took part in 
the exhibition was six millions sterling, and of the French 
exhibitors and concessionaires three millions sterling. 

A new plan of classifying exhibits was adopted at Paris, all 
being displayed according to their nature, and not according to 
their country of origin, as had been the system at previous 
exhibitions. One-half the space in each group was allotted to 
France, so that the exhibitors of that nation were enabled to 
overwhelm their rivals by the number and magnitude of the 
objects displayed by them. All the agricultural implements, 
whatever their nationality, were in one place, all the ceramics 
in another, so that there was no exclusively British and no 
exclusively German court. The only exception to this rule was 
in the Trocadero, where the French, British, Dutch, and Portu- 
guese Colonies, Algeria, Tunis, Siberia, the South African 
Republic, China and Japan were allowed to erect at their own 
cost separate pavilions. The greater number of the nationalities 
represented had palaces of their own in the rue des Nations along 
the Quai d'Orsay, in which thoroughfare were to be seen the 
buildings erected by Italy, Turkey, the United States, Denmark, 
Portugal, Austria, Bosnia, Herzegovina, Peru, Hungary, the 
United Kingdom, Persia, Belgium, Norway, Luxemburg, 
Finland, Germany, Spain, Bulgaria, Monaco, Sweden, Rumania, 
Greece, Servia and Mexico. Scattered about the grounds, in 
addition to those in the Trocadero, were the buildings of San 
Marino, Morocco, Ecuador and Korea. Nearly every civilized 
country in the world was represented at the exhibition, the most 
conspicuous absentees being Argentina, Brazil, Chile, and some 
other South and Central American Republics, and a number 
of the British colonies. The most noteworthy attractions of the 
exhibition were the magnificent effects produced by electricity 
in the palace devoted to it in the Chateau d'Eau and in the Hall 
of Illusions, the two palaces of the Fine Arts in the Champs 
Elysees, and the Bridge over the Seine dedicated to the memory 
of Alexander II. These permanent Fine Art palaces were 
devoted, the one to modern painting and sculpture, the 
other to the works of French artists and art workmen who 
flourished from the dawn of French art up to the end of the 18th 
century. 

The United Kingdom was well but not largely represented 
both in Fine Arts and Manufactures, the administration of the 
section being in the hands of a royal commission, presided over 
by the prince of Wales. The British pavilion contained an 
important collection of paintings of the British school, chiefly 
by Reynolds, Gainsborough and their contemporaries, and by 
Turner and Burne-Jones. Special buildings had been erected 
by the British colonies and by British India. Canada, West 
Australia and Mauritius occupied the former, India and Ceylon 
the latter. For the first time since the war of 1870 Germany 
took part in a French International Exhibition, and the exhibits 
showed the great industrial progress which had been made since 
the foundation of the empire in 1870. The United States made 
a fine display, and fairly divided the honours with Germany. Re- 
markable progress was manifested in the exhibits of Canada and 
Hungary. France maintained her superiority in all the objects 
in which good taste was the first consideration, but the more 
utilitarian exhibits were more remarkable for their number than 



EXHUMATION— EXILE 



7i 



their quality, except those connected with electrical work and 
display, automobiles and iron-work. The number of exhibitors 
in the industrial section from the British empire, including India 
and the colonies, was 1250, who obtained 1647 awards, as many 
persons exhibited in several classes. There were, in addition, 
465 awards for " collaborateurs," that is, assistants, engineers, 
foremen, craftsmen and workmen who had co-operated in the 
production of the . exhibits. In the British Fine Arts section 
there were 429 exhibits by 282 exhibitors and 175 awards. 

In later years, important international exhibitions have been 
held at Glasgow, and at Buffalo, New York, in 1001, at St Louis 
(commemorating the Louisiana purchase) in 1904, at Liege in 
1905, at Milan in 1906, at Dublin in 1907, and in London ( Franco - 
British), 1908. In the artistic taste and magnificence of their 
buildings and the interest of their exhibits these took their cue 
from the great Paris Exhibition, and even in some cases went 
beyond it, notably at Buffalo (q.v.), St Louis (q.v.) and London. 
And it might well be thought that the evolution of this type of 
public show had reached its limits. (G. C. L.) 

EXHUMATION (from Med. Lat. exhumare; ex, out of, and 
humus, ground) , the act of digging up and removing an object 
from the ground. The word is particularly applied to the 
removal of a dead body from its place of burial. For the offence 
of exhuming a body without legal authority, and the process of 
obtaining such authority, see Burial and Burial Acts. 

EXILARCH, in Jewish history, "Chief or Prince of the 
Captivity." The Jews of Babylonia, after the fall of the first 
temple, were termed by Jeremiah and Ezekiel the people of the 
" Exile." Hence the head of the Babylonian Jews was the 
exilarch (in Aramaic Resh Galulha). The office was hereditary 
and carried with it considerable power. Some traditions regarded 
the last king of Davidic descent (Jehoiachin) as the first exilarch, 
and all the later holders of the dignity claimed to be scions of the 
royal house of Judah. Under the Arsacids and Sassanids the 
office continued. In the 6th century an attempt was made to 
secure by force political autonomy for the Jews, but the exilarch 
who led the movement (Mar Zutra) was executed. For some time 
thereafter the office was in abeyance, but under Arabic rule there 
was a considerable revival of its dignity. From the middle of 
the 7th till the nth centuries the exilarchs were all descendants 
of Bostanai, through whom " the splendour of the office was 
renewed and its political position made secure " (Bacher). The 
last exilarch of importance was David, son of Zakkai, whose 
contest with Seadiah (q.v.) had momentous consequences. 
Hezekiah (c. 1040) was the last Babylonian exilarch, though 
the title left its traces in later ages. Benjamin of Tudela 
(Itinerary, p. 61) names an exilarch Daniel b. Hisdai in the 12th 
century. Petahiah (Travels, p. 17) records that this Daniel's 
nephew succeeded to the office jointly with a R. Samuel. The 
latter, according to Petahiah, had a learned daughter who 
" gave instruction, through a window, remaining in the house 
while the disciples were below, unable to see her." 

Our chief knowledge of the position and function of the 
exilarch concerns the period beginning with the Arabic rule in 
Persia. In the age succeeding the Mahommedan conquest tKe 
exilarch was noted for the stately retinue that accompanied him, 
the luxurious banquets given at his abode, and the courtly 
etiquette that prevailed there. A brilliant account has come 
down of the ceremonies at the installation of a new exilarch. 
Homage was paid to him by the rabbinical heads of the colleges 
(each of whom was called Gaon, q.v.); rich gifts were presented; 
he visited the synagogue in state, where a costly canopy had 
been erected over his seat. The exilarch then delivered a dis- 
course, and in the benediction or doxology (Qaddish) his name 
was inserted. Thereafter he never left his house except in a 
carriage of state and in the company of a large retinue. He 
would frequently have audiences of the king, by whom he was 
graciously received. He derived a revenue from taxes which he 
was empowered to exact. The exilarch could excommunicate, 
and no doubt had considerable jurisdiction over the Jews. A 
spirited description of the glories of the exilarch is given in 
Disraeli's novel Ahoy. 



See Neubauer, Mediaeval Jewish Chronicles, ii. 68 seq.; Zacuto, 
Yuhasin ; Graetz, Geschichte, vols, iv.-vi. ; Benjamin of Tudela, 
Itinerary, ed. Adler, pp. 39 seq. ; Bacher, Jewish Encyclopaedia, 
vol. v. 288. (I. A.) 

EXILE (Lat. exsilium or exilium, from exsul or exul, which is 
derived from ex, out of, and the root sal, to go, seen in salire, to 
leap, consul, &c. ; the connexion with solum, soil, country is now 
generally considered wrong), banishment from one's native 
country by the compulsion of authority. In a general sense 
exile is applied to prolonged absence from one's country either 
through force of circumstances or when undergone voluntarily. 
Among the Greeks, in the Homeric age, banishment (4>vyrj) was 
sometimes inflicted as a punishment by the authorities for 
crimes affecting the general interests, but is chiefly known in 
connexion with cases of homicide. With these the state had 
nothing to do; the punishment of the murderer was the duty 
and privilege of the relatives of the murdered man. Unless the 
relatives could be induced to accept a money payment by way 
of compensation (ttolvt], weregeld; see especially Homer, Iliad, 
xviii. 497), in which case the murderer was allowed to remain in 
the country, his only means of escaping punishment was flight 
to a foreign land. If, during his self-imposed exile, the relatives 
expressed their willingness to accept the indemnity, he was at 
liberty to return and resume his position in society. 

In later times banishment is (1) a legal punishment for 
particular offences; (2) voluntary. 

1. Banishment for life with confiscation of property was 
inflicted upon those who destroyed or uprooted the sacred olives 
at Athens; upon those who remained neutral during a sedition 
(by a law of Solon, which subsequently fell into abeyance) ; upon 
those who gave refuge to or received on board ship a man who 
had fled to avoid punishment; upon those who wounded with 
intent to kill and those who prompted them to such an act (it is 
uncertain whether in this case exile was for life or temporary) ; 
upon any one who wilfully murdered an alien; for impiety. 
Certain political crimes were also similarly punished — treason, 
laconism, sycophancy (see Sycophant), attempts to subvert 
existing decrees. For the peculiar form of banishment called 
Ostracism, see separate article. 

In cases of voluntary homicide the punishment was death; 
but (except in cases of parricide) the murderer could leave the 
country unmolested after the first day of the trial. He was 
bound to remain outside Attica, and when on foreign soil was 
not allowed to appear at the public games, to enter the temples 
or take part in sacrifices; but provided that he adhered to the 
prescribed regulations, he was accorded a certain amount of 
protection. Even when a general amnesty was proclaimed, 
he was not allowed to return; if he did so, he might at once be 
put to death. 

Temporary exile (the period of which is uncertain) without 
confiscation, was the punishment for involuntary homicide. As 
soon as the relatives of the deceased became reconciled to the 
man who had slain him, the latter was permitted to return; 
further, since banishment was only temporary, it is reasonable to 
suppose that the law insisted upon such reconciliation. 

2. Citizens sometimes voluntarily left the country for other 
reasons (debt, inability to pay a fine). Since extradition was 
only demanded in cases of high treason or other serious offences 
against the state, the fugitive was not interfered with. He was 
at liberty to return after a certain time had elapsed. 

Little is known about exile as it affected Sparta and other 
Greek towns, but it is probable that the same conditions pre- 
vailed as at Athens. 

At Rome, in early times, exile was not a punishment, but rather 
a means of escaping punishment. Before judgment had been 
finally pronounced it was open to any Roman citizen condemned 
to death to escape the penalty by voluntary exile (solum verlere 
exsilii causa). To prevent his return, he was interdicted from 
the use of fire and water; if he broke the interdict and returned, 
any one had the right to put him to death. The aquae et ignis 
(to which et lecti "shelter" is sometimes added) inlcrdiclio is 
variously explained as exclusion from the necessaries of life, 



72 



EXILI— EXMOUTH 



from the symbols of civic communion, or from " the marks of 
a pure society, which the criminal would defile by his further 
use of them." Subsequently (probably at the time of the 
Gracchi) it became a recognized legal penalty, practically 
equivalent to " exile," taking the place of capital punishment. 
The criminal was permitted to withdraw from the city after 
sentence was pronounced; but in order that this withdrawal 
might as far as possible bear the character of a punishment, his 
departure was sanctioned by a decree of the people which 
declared his exile permanent. Authorities are not agreed 
whether this exile by interdiction entailed loss of civitas; accord- 
ing to some this did not ensue until (as in earlier times) the 
criminal had assumed the citizenship of the state in which he 
had taken refuge and thereby lost his rights as a citizen of Rome, 
while others hold that it was not until the time of Tiberius 
(a.d. 23) that capitis deminutio media became the direct con- 
sequence of trial and conviction. Interdictio was the punishment 
for treason, murder, arson and other serious offences which came 
under the cognizance of the quaestiones perpetuae (permanent 
judicial commissions for certain offences); confiscation of 
property was only inflicted in extreme cases. 

Under the Empire interdictio gradually fell into disuse and a 
new form of banishment, introduced by Augustus, called depor- 
tatio, generally in insulam, took its place. For some time the two 
probably existed side by side. Deportatio consisted in trans- 
portation for life to an island (or some place prescribed on the 
mainland, not of Italy), accompanied by loss of civitas and all 
civil rights, and confiscation of property. The most dreaded 
places of exile were the islands of Gyarus, Sardinia, an oasis in the 
desert {quasi in insulam) of Libya; Crete, Cyprus and Rhodes 
were considered more tolerable. Large bodies of persons were 
also transported in this manner; thus Tiberius sent 4000 
freedmen to Sardinia for Jewish or Egyptian superstitious 
practices. Deportatio was originally inflicted upon political 
criminals, but in course of time became more particularly a 
means of removing those whose wealth and popularity rendered 
them objects of suspicion. It was also a punishment for the 
following offences: adultery, murder, poisoning, forgery, em- 
bezzlement, sacrilege and certain cases of immorality. 

Relegatio was a milder form of deportatio. It either excluded 
the person banished from one specified district only, with 
permission to choose a residence elsewhere, or the place of exile 
was fixed. Relegatio could be either temporary or for life, but 
it did not in either case carry with it loss of civitas or property, 
nor was the exile under military surveillance, as in the case of 
deportatio. Thus, Ovid, when in exile at Tomi, says (Trislia, 
v. n) : " he (i.e. the emperor) has not deprived me of life, nor of 
wealth, nor of the rights of a citizen ... he has simply ordered 
me to leave my home." He calls himself relegatus, not exsul. 

In later writers the word exsilium is used in the sense of all its 
three forms — aquae et ignis interdictio, deportatio and relegatio. 

In England the first enactment legalizing banishment dates 
from the reign of Elizabeth (39 Eliz. c. 4), which gave power 
to banish from the realm "such rogues as are dangerous to the 
inferior people." A statute of Charles II. (18 Car. II. c. 3) gave 
power to execute or to transport to America for life the moss- 
troopers of Cumberland and Northumberland. Banishment or 
transportation for criminal offences was regulated by an act of 
1824 (5 Geo. IV. s. 84) and finally abolished by the Penal Servi- 
tude Acts 1853 and 1857 (see further Deportation). The word 
exile has sometimes, though wrongly, been applied to the sending 
away from a country of those who are not natives of it, but who 
may be temporary or even permanent residents in it (see Alien; 
Expatriation; Expulsion). 

Bibliography. — J. J. Thonissen, Le Droit penal de la republique 
athenienne (Brussels' 1875) ; G. F. Schomann, Griechische Alter- 
tiimer (4th ed., 1897), p. 46; T. Mommsen, Romisches Strafrecht 
(1899), pp. 68, 964, and Romisches Staatsrecht (1887), Hi. p. 48; 
L. M. Hartmann, De exilio apud Romanos (Berlin, 1887); F. von 
Holtzendorff-Vietmansdorf, Die Deportationsstrafe im romischen 
Alterthum (Leipzig, 1859); articles in Smith's Diet, of Greek and 
Roman Antiquities (3rd" ed., 1890) and Daremberg and Saglio's Diet, 
ties antiquitSs (C. Lecrivain and G. Humbert). 



EXILI, an Italian chemist and poisoner in the 17th century. 
His real name was probably Nicolo Egidi or Eggidio. Few 
authentic details of his life exist. Tradition, however, credits him 
with having been originally the salaried poisoner at Rome of 
Olympia Maidalchina, the mistress of Pope Innocent X. Subse- 
quently he became a gentleman in waiting to Queen Christina 
of Sweden, whose taste for chemistry may have influenced this 
appointment. In 1663 his presence in France aroused the 
suspicions of the French government, and he was imprisoned in 
the Bastille. Here he is said to have made the acquaintance 
of Godin de Sainte-Croix, the lover of the marquise de Brin- 
villiers (q.v.). After three months' imprisonment, powerful 
influences secured Exili's release, and he left France for England. 
In 1 68 1 he was again in Italy, where he married the countess 
Fantaguzzi, second cousin of Duke Francis of Modena. 

EXMOOR FOREST, a high moorland in Somersetshire and 
Devonshire, England. The uplands of this district are bounded 
by the low alluvial plain of Sedgemoor on the east, by the lower 
basin of the Exe on the south, by the basin of the Taw (in part) 
on the west, and by the Bristol Channel on the north. The area 
thus defined, however, includes not only Exmoor but the Brendon 
and Quantock Hills east of it. Excluding these, the total area in 
the district lying at an elevation exceeding 1000 ft. is about 
1 20 sq. m. The geological formation is Devonian. The ancient 
forest had an area of about 20,000 acres, and was enclosed in 
181 5. Large tracts are still uncultivated; and the wild red 
deer and native Exmoor pony are characteristic of the district. 
The highest point is Dunkery Beacon in the east (1707 ft.), but 
Span Head in the south-west is 1618 ft., and a height of 1500 ft. 
is exceeded at several points. The Exe, Barle, Lyn and other 
streams, traversing deep picturesque valleys except in their 
uppermost courses, are in favour with trout fishermen. The few 
villages, such as Exford, Withypool and Simonsbath, with 
Lynton and Lynmouth on the coast, afford centres for tourists 
and sportsmen. Exmoor is noted for its stag hunting. The 
district has a further fame through Richard Blackmore's novel, 
Lorna Doone. 

EXMOUTH, EDWARD PELLEW, ist Viscount (1757-1-833), 
English admiral, was descended from a family which came 
originally from Normandy, but had for many centuries been 
settled in the west of Cornwall. He was born at Dover, on the 
19th of April 1757. At the age of thirteen he entered the navv. 
and even then his smartness and activity, his feats of daring, and 
his spirit of resolute independence awakened remark, and pointed 
him out as one specially fitted to distinguish himself in his pro- 
fession. He had, however, no opportunity of active service till 
1776, when, at the battle of Lake Champlain, his gallantry, 
promptitude and skill, not only saved the "Carleton" — whose 
command had devolved upon him during the progress of the 
battle^ — from imminent danger, but enabled her to take a 
prominent part in sinking two of the enemy's ships. For his 
services on this occasion he obtained a lieutenant's commission, 
and the command of the schooner in which he had so bravely 
done his duty. The following year, in command of a brigade of 
seamen, he shared in the hardships and perils of the American 
campaign of General Burgoyne. In 1782, in command of the 
" Pelican," he attacked three French privateers inside the 
lie de Batz, and compelled them to run themselves on shore — 
a feat for which he was rewarded by the rank of post-captain. 
On the outbreak of the French War in 1793, he was appointed to 
the " Nymphe," a frigate of 36 guns; and, notwithstanding 
that for the sake of expedition she was manned chiefly by 
Cornish miners, he captured, after a desperate conflict, the 
French frigate " La Cleopatre," a vessel of equal strength. For 
this act he obtained the honour of knighthood. In 1794 he 
received the command of the " Arethusa " (38), and in a fight 
with the French frigate squadron off the lie de Batz he com- 
pelled the " Pomona " (44) to surrender. The same year the 
western squadron was increased and its command divided, the 
second squadron being given to Sir Edward Pellew in the " In- 
defatigable " (44). While in command of this squadron he, on 
several occasions, performed acts of great personal daring; 



EXMOUTH— EXODUS, BOOK OF 



73 



and for his bravery in boarding the wrecked transport " Dutton," 
and his promptitude and resolution in adopting measures so as 
to save the lives of all on board, he was in 1 796 created a baronet. 
In 1708 he joined the channel fleet, and in command of the 
" Impetueux " (74) took part in several actions with great 
distinction. In 1802 Sir Edward Pellew was elected member 
of parliament for Dunstable, and during the time that he sat in 
the Commons he was a strenuous supporter of Pitt. In 1804 
he was made rear-admiral of the blue, and appointed commander- 
in-chief in India, where, by his vigilance and rapidity of move- 
ment, he entirely cleared the seas of French cruisers, and secured 
complete protection to English commerce. He returned to 
England in 1809, and in 1810 was appointed commander-in-chief 
in the North Sea, and in 18 1 1 commander-in-chief in the Mediter- 
ranean. In 18 14 he was created Baron Exmouth of Canonteign, 
and in the following year was made K.C.B., and a little later 
G.C.B. . When the dey of Algiers, in 1816, violated the treaty for 
the abolition of slavery, Exmouth was directed to attack the 
town. Accordingly, on the 26th of August, he engaged theAlgerine 
battery and fleet, and after a severe action of nine hours'duration, 
he set on fire the arsenal and every vessel of the enemy's fleet, and 
shattered the sea defences into ruins. At the close of the action 
the dey apologized for his conduct, and agreed to a renewal of 
the treaty, at the same time delivering up over three thousand 
persons of various nationalities who had been Algerine slaves. 
For this splendid victory Exmouth was advanced to the dignity 
of viscount. Shortly before his death, which took place on the 
23rd of January 1833, he was made vice-admiral. 

He had married Susan (d. 1837), daughter of James Frowde 
of Knoyle, Wiltshire, who bore him four sons and two daughters". 
His eldest son, Pownoll Bastard Pellew (1786-1833), became 
2nd Viscount Exmouth, and his descendant, Edward Addington 
Hargreaves Pellew (b. 1890), became the 5th viscount in 1899. 

Exmouth's second son, Sir Fleetwood Broughton Reynolds 
Pellew (1 789-1861), was like his father an admiral. The third 
son was George Pellew (1793-1866), author and divine, who 
married 'Frances (d. 1870), daughter of the prime minister, 
Lord Sidmouth, and wrote his father-in-law's life ( The Life and 
Correspondence of Henry Addington, 1st Viscount Sidmouth, 1847). 

Exmouth had a brother, Sir Israel Pellew (1758-1832), also 
an admiral, who was present at the battle of Trafalgar. 

A Life of the 1st viscount, by Edward Osier, was published in 
1835- 

EXMOUTH, a market-town, seaport and watering-place in 
the Honiton parliamentary division of Devonshire, England, 
at the mouth of the river Exe, io| m. S.E. by S. of Exeter by 
the London & South-Western railway. Pop. of urban district 
(1901) 10,485. In the 18th century it consisted of a primitive 
fishing village at the base of Beacon Hill, a height commanding 
fine views over the estuary and the English Channel. After its 
more modern terraces were built up the hillside, Exmouth became 
the first seaside resort in Devon. Its excellent bathing and the 
beauty of its coast and moorland scenery attract many visitors 
in summer, while it is frequented in winter by sufferers from 
pulmonary disease. The climate is unusually mild, as a range of 
hills shelters the town on the east. A promenade runs along the 
sea wall; there are golf links and public gardens, and the port 
is a favourite yachting centre, a regatta being held annually. 
Near the town is a natural harbour called the Bight. The local 
industries include fishing, brick-making and the manufacture of 
Honiton lace. Exmouth was early a place of importance, and 
in 1347 contributed 10 vessels to the fleet sent to attack Calais. 
It once possessed a fort or " castelet," designed to command 
the estuary of the Exe. This fort, which was garrisoned for the 
king during the Civil War, was blockaded and captured by 
Colonel Shapcoate in 1646. 

EXODUS, BOOK OF, in the Bible, a book of the Old Testa- 
ment which derives its name, through the Greek, from the event 
which forms the most prominent feature of the history it 
narrates, viz. the deliverance of Israel from Egypt. Strictly 
speaking, however, this title is applicable to the first half only, 
the historical portion of the book, and takes no account of those I 



chapters which describe the giving of the Law on Mt. Sinai, nor 
of those which deal with the Tabernacle and its furniture. By 
the Jews it is usually styled «iter its opening words ntof .-tjw 
(We'eleh Shimoth) or, more briefly, niDf (Shemotk). 

In its present form the book sets forth (a) the oppression of 
the Israelites in Egypt (ch. i.), (b) the birth and education of 
Moses, and his flight to the land of Midian (ch. ii.), (c) the theo- 
phany at Mt. Horeb (the Burning Bush), and the subsequent 
commission of Moses and Aaron (iii. i-iv. 17), (d) the return of 
Moses to Egypt, and his appeal to Pharaoh which results in the 
further oppression of Israel (iv. 18-vii. 7), (e) the plagues of 
Egypt (vii. 8-xi. 10), (/) the institution of the Passover and of 
the Feast of Unleavened Cakes, the last plague, and Israel's 
departure from Egypt (xii. i-xiii. 16), (g) the crossing of the 
Red Sea and the discomfiture of the Egyptians, the Song of 
Triumph, the sending of the manna and other incidents of the 
journeying through the wilderness (xiii. 17-xviii. 27), (h) the 
giving of the Law, including the Decalogue and the so-called 
Book of the Covenant, on Sinai-Horeb (xix.-xxiv.), (i) directions 
for the building of the Tabernacle and for the consecration of 
the priests (xxv.-xxxi.), (j) the sin of the Golden Calf, and 
another earlier version of the first legislation (xxxii.-xxxiv.), 
(k) the construction of the Tabernacle and its erection (xxxv.-xl.) . 
The book of Exodus, however, like the other books of the Hexa- 
teuch, is a composite work which has passed, so to speak, through 
many editions; hence the order of events given above cannot 
lay claim to any higher authority than that of the latest editor. 
Moreover, the documents from which the book has been compiled 
belong to different periods in the history of Israel, and each of 
them, admittedly, reflects the standpoint of the age in which it 
was written. Hence it follows that the contents of the book are 
not of equal historical value; and though the claim of a passage 
to be considered historical is not necessarily determined by the 
age of the source from which it is derived, yet, in view of the 
known practice of Hebrew writers, greater weight naturally 
attaches to the earlier documents in those cases in which the 
sources are at variance with one another. Any attempt, there- 
fore, at restoring the actual course of history must be preceded 
by an inquiry into the source of the various contents of the book. 

The sources from which the book of Exodus has been compiled 
are the same as those which form the basis of the book of Genesis, 
while the method of composition is very similar. Here, too, the 
strongly marked characteristics of P, or the Priestly Document, 
as opposed to JE, enable us to determine the extent of that 
document with comparative ease; but the absence, in some 
cases, of conclusive criteria prevents any final judgment as to 
the exact limits of the two strands which have been united in 
the composite JE. The latter statement applies especially to 
the legislative portions of the book: in the historical sections 
the separation of the two sources gives rise to fewer difficulties, 
It does not, however, lie within the scope of the present article 
to examine the various sources underlying the narrative with 
any minuteness, but rather to sum up those results of modern 
criticism which have been generally accepted by Old Testament 
scholars. To this end it will be convenient to treat the subject- 
matter of the book under three main heads: (a) the historical 
portion (ch. i.-xviii.), (b) the sections dealing with the giving of 
the Law (xix.-xxiv., xxxii.-xxxiv.). and (c) the construction of 
the Tabernacle and its furniture (xxv.-xxxi., xxxv.-xl.). 

(a) Israel in Egypt and the Exodus (ch. i.-xviii.). (1) i. i-vii. 13. 
— The analysis of these chapters shows that the history, in- the main, 
has been derived from the two sources J and E, chiefly the former, 
and that a later editor has included certain passages from P, besides 
introducing a slight alteration of the original order and other re- 
dactional changes. The combined narrative of JE sets forth the 
rise of a new king in Egypt, who endeavoured to check the growing 
strength of the children of Israel; it thus prepares the way for the 
birth of Moses, his early life in Egypt, his flight to Midian and 
marriage with Zipporah, the theophany at Mt. Horeb, and his divine 
commission to deliver Israel from Egypt. 

At the very outset the two sources betray their divergent origin 
and point of view. According to J (i. 6, 8-12, 206) the Israelites 
dwell apart in the province of Goshen, and their numbers become 
so great as to call for severe measures of repression, the method 
employed being that of forced labour. E, on the other hand (i. 15-200, 



74 

21, 22), represents them as living among the Egyptians, and so 
few in number that two midwives satisfy their requirements. It is 
to this latter source that we owe the account of the birth of Moses 
and of his education at the court of Pharaoh (ii. l-io). On reaching 
manhood Moses openly displays his sympathy with his brethren by 
slaying an Egyptian, and has, in consequence, to flee to Midian, 
where he marries Zipporah, the daughter of the priest of Midian 
(ii, 11-22). In this section the editor has undoubtedly made use of 
the parallel narrative of J, though it is impossible to determine the 
exact point at which J's account is introduced: certainly ii. 156-22 
belong to that source. 1 The narrative of the call of Moses is by no 
means uniform, and shows obvious traces of twofold origin (J iii. 
2-40, 5, 7, 8, 16-18; iv. 1-12 (13-16), 29-31; E iii. I, 46, 6, 9-14, 
21, 22; iv. 17, 18, 206, 27, 28). These two sources present striking 
points of difference, which reappear in the subsequent narrative. 
According to E, Moses with Aaron is to demand from Pharaoh the 
release of Israel, which will be effected in spite of his opposition; 
in assurance thereof the promise is given that they shall serve God 
upon this mountain; moreover, the people on their departure are 
to borrow raiment and jewels from their Egyptian neighbours. 
According to J, on the other hand, the spokesmen are to be Moses 
and the elders; and their request is for a temporary departure only, 
viz. "three days' journey into the wilderness"; their departure 
from Egypt is a hurried one. Yet another difficulty, which dis- 
appears as soon as the composite character of the narrative is recog- 
nized, is that of the signs. In J three signs are given for the purpose 
of reassuring Moses, only one of which is wrought with the rod (iv. 
1-9), but in iv. 17 (E) the reference is clearly to entirely different 
signs, probably the plagues of Egypt, which according to E were 
invariably wrought by " the rod of God." Further, it is question- 
able if the passage iv. 13-16 really forms part of the original narrative 
of J, and is not rather to be ascribed to the redactor of JE. The 
name of Aaron has certainly been introduced by a later hand in J's 
account of the plague of frogs (viii. 12), and the only passage in J 
in which Aaron is represented as taking an active part is iv. 29-31, 
where the mention of his name causes no little difficulty. 2 In E, 
on the other hand, Aaron is sent by God to meet Moses at Mt. 
Horeb, after the latter had taken leave of Jethro, and, later on, 
accompanies him into the presence of Pharaoh. The succeeding 
narrative (v. i-vi. 1) is mainly taken from J, though E's account 
of the first interview with Pharaoh has been partially retained in 
v. 1,2, 4. Moses and the elders ask leave to go three days' journey 
into the wilderness to sacrifice to Yahweh, a request which is met by 
an increase of the burdensome work of brick-making : henceforward 
the Israelites have to provide their own straw. The people complain 
bitterly to Moses, who appeals to Yahweh and is assured by him 
of the future deliverance of Israel " by a strong hand." 

With the exception of the genealogical list (i. 1-5) and the brief 
notices of the increase of Israel (i. 7) and of its oppression at the 
hands of the Egyptians (i. 13, 14; ii. 236-25), the narrative so far 
exhibits no traces of P 3 . But in vi. 2-yii. 13 we are confronted 
with a narrative which carries us back to ii. 236-25 and gives practic- 
ally a parallel account to that of JE in ch. iii.-v. Thus the revelation 
of the divine name, vi.2f., finds its counterpart in iii. lof., the message 
to be delivered to Israel (vi. 6 f.) is very similar to that of ch. iii. 16 f., 
while the demand which is to be addressed to Pharaoh is identical 

1 The fact that the father-in-law of Moses is called Reuel in v. 18, 
as contrasted with the name Jethro, which occurs in iii. 1 f. and in 
all subsequent passages from E, cannot be taken as conclusive on 
this'point, since critics are agreed that " Reuel " in this verse is a 
later addition: had it been original we should have expected the 
name to be given at v. 16 rather than at v. 18. But, if no argument 
can be based on the discrepancy between the two names, we may at 
least assume that the namelessness of the priest in v. 16 f. points to 
a different source for those verses from that of iii. I f . Elsewhere J 
speaks of " Hobab, the son of Reuel the Midianite, Moses' father-in- 
law " (Num. x. 29) ; the addition, " the priest of Midian," only occurs 
in the (secondary) passages iii. I, xviii. I (E). Probably RJE 
omitted the name in ii. 16 and added " the priest of Midian " in 
iii. I, xviii 1, from harmonizing motives. Further, w. 1 5^-22 
speak of one son being born to Moses at this period, a statement 
which is borne out by iv. 20, 25 (" sons " in iv. 20 is obviously a 
correction), whereas ch. xviii. (E) mentions two sons. 

The original order of events in J seems to have been as follows: 
after the death of Pharaoh (ii. 23a; the Septuagint repeats this 
notice before iv. 19) Moses returns to Egypt with his wife and son 
(iv. 19, 20) in obedience to Yahweh's command. On the way he is 
seized with a sudden illness, which Zipporah attributes to the fact 
that he has not been circumcised and seeks to avert by circumcising 
her son (iv. 24-26). The scene of the theophany, therefore, according 
to J, is to be placed on the way from Midian to Goshen. Probably 
the displacement of iv. 19, 20, 24-26 is due to the editor of JE, who 
was thus enabled to combine the two narratives of the theophany. 

2 Cf. iv. 30; Aaron had received no command to do the signs, 
and the words " and he did the signs " are most naturally referred 
to Moses. 

s The expansion in iii. 8c, 15, 176; iv. 22, 23, are probably the 
work of a Deuteronomistic redactor. 



EXODUS, BOOK OF 



with that which had been already refused in ch. v. No allusion, 
however, is made by Moses to this previous demand; he merely 
urges the same objection as that put forward in iv. 10 f . With the 
resumption 4 of the story in vi. 28 f . Moses reiterates his objection, 
and is told that Aaron shall be his " prophet " and speak for him, 
and shall also perform the sign of the rod (cf. iv. 2-4). The sign, 
however, has no effect on Pharaoh (vii. 13), and we thus reach the 
same point in the narrative as at vi. 1. Apart from the literary 
characteristics which clearly differentiate this narrative from the 
preceding accounts of J and E, the following points of variation are 
worthy of consideration: (1) The people refuse to listen to Moses; 
(2) Aaron is appointed to be Moses' spokesman, not with the people, 
but with Pharaoh; (3) one sign is given (not three) and performed 
before Pharaoh; (4) the rod is turned into a reptile {tannin), not a 
serpent (no-hash). 

(2) vii. 14-xi. 10. The First Plagues of Egypt. — In this section the 
analysis again reveals three main sources, which are clearly marked 
off from one another both by their linguistic features and by their 
difference of representation. The principal source is J, from which 
are derived six plagues, viz. killing of the fish in the river (vii. 14, 
16, 17a, 18, 21a, 24, 25), frogs (viii. 1-4, 8-150), insects (viii. 20-32), 
murrain (ix. 1-7), hail (ix. 13-18, 236, 246, 256-34), locusts (x. la, 
3-1 1, 136, 146, 15a, c-19, 24-26, 28, 29), the threat to slay all the 
first-born (xi. 4-8). The most striking characteristic of this narrative 
is that the plagues are represented as mainly due to natural causes 
and follow a natural sequence. Thus Yahweh smites the river so 
that the fish die and render the water undrinkable. This is suc- 
ceeded by a plague of frogs. The swarms of flies and insects, which 
next appear, are the natural outcome of the decaying masses of 
frogs, and these, in turn, would form a natural medium for the 
spread of cattle disease. Destructive hailstorms, again, though rare, 
are not unknown in Egypt, while the locusts are definitely stated 
to have been brought by a strong east wind. Other distinctive 
features of J's narrative are: (1) Moses alone is bidden to interview 
Pharaoh (vii. 14 f. ; viii. I f., 20 f. ; ix. I f., 13 f.; x. I f.); (2) on 
each occasion he makes a forma! demand; (3) on Pharaoh's refusal 
the plague is announced, and takes place at a fixed time without any 
human intervention ; (4) when the plague is sent, Pharaoh sends for 
Moses and entreats his intercession, promising in most cases to 
accede in part to his request ; when the plague is removed, however, 
the promise is left unfulfilled, the standing phrase being " and 
Pharaoh's heart was heavy ("02), " or " and Pharaoh made heavy 
(■vaan) his heart " ; (5) the plagues do not affect the children of Israel 
in Goshen. E's account (water turned into blood, vii. 15, 176, 206, 
23; hail, ix. 22, 23a, 24a, 25a, 35; locusts, x. 12, 130, 14a, 156) 
is more fragmentary, having been doubtless superseded in most cases 
by the fuller and more graphic narrative of J, but the plague of 
darkness (x. 20-23, 27) is found only in this source. As contrasted 
with J the narrative emphasizes the miraculous character of the 
plagues. They are brought about by " the rod of God," which 
Moses wields, the effect being instantaneous and all-embracing. 
The Israelites are represented as living among the Egyptians, and 
enjoy no immunity from the plagues, except that of darkness. 
Their departure from Egypt is deliberate; the people have time to 
borrow raiment and jewels from their neighbours. E regularly 
uses the phrase " and Pharaoh's heart was strong (pin)," or "and 
Yahweh made strong (pnn) Pharaoh's heart " and " he would not 
let the children of Israel (or, them) go." In the priestly narrative 
(P) the plagues assume the form of a trial of skill between Aaron, 
who acts at Moses' command, and the Egyptian magicians, and thus 
connect with vii. 8-13. The magicians succeed in turning the Nile 
water into blood (vii. 19, 200, 216, 22), and in bringing up frogs 
(viii. 5-7), but they fail to bring forth lice (viii. 156-19), and are 
themselves smitten with boils (ix. 8-12) : the two last-named plagues 
have no parallel either in J or E. Throughout the P sections 
Aaron is associated with Moses, and the regular command given to 
the latter is "Say unto Aaron": no demand is ever made to 
Pharaoh, and the description of the plague is quite short. The 
formula employed by P is " and Pharaoh's heart was strong (pin)," 
or, " and Pharaoh made strong (p'm) his heart," as in E, but it is 
distinguished from E's phrase by the addition of " and he hearkened 
not unto them as Yahweh had spoken." 

(3) xii. i-xiii. 16. The Last Plague, the Deliverance from Egypt, 
the Institution of the Passover and of the Feast of Unleavened Cakes, 
the Consecration of the First-born. — This section presents the usual 
phenomena of a composite narrative, viz. repetitions and inconsist- 
encies. Thus J's regulations for the Passover (xii. 21-23, 276) seem 
at first sight simply to repeat the commands given to Moses and 
Aaron in xii. 1-13 (P), but in reality they are a parallel and divergent 
account. In w. 1-13 the choice of the lamb and the manner in 
which it is to be eaten constitute the essential feature, the smearing 
with the blood being quite secondary; in w. 21 f. the latter point 
is all-important, and no regulations are given for the paschal meal 
(which, possibly, formed no part of J's original account). Similarly 
the institution of the Feast of Mazzoth, or Unleavened Cakes (xiii. 
3-10J), does not form the sequel to the regulations laid down in xii. 



4 The genealogy of Moses and Aaron (w. 14-27) appears to be a 
later addition. 



EXODUS, BOOK OF 



75 



14-20 (P), but is independent of them: it omits all reference to 
the " holy convocations " and to the abstinence from labour, and is 
obviously simpler and more primitive. J's account, again, makes 
important exceptions (xiii. n-13) to the severe enactment of P with 
reference to the first-born (xiii. 1). The description of the smiting 
of the first-born of Egypt is derived from J (xii. 29-34, 37-39), who 
clearly sees in the Feast of Mazzoth a perpetual reminder of the 
haste with which the Israelites fled from Egypt; the editor of JE, 
however, has included some extracts from E (xii. 31, 35, 36), which 
point to a more deliberate departure. The section has been worked 
over by a Deuteronomistic editor, whose hand can be clearly traced 
in the additions xii. 24-270; xiii. 36, 5, 8, 9, 14-16. 

(4) xiii. 17-xv. 2i. The Crossing of the Red Sea. — According to J 
the children of Israel departed from Egypt under the guidance of 
Yahweh, who leads them by day in a pillar of cloud and by night in a 
pillar of fire (xiii. 21, 22). On hearing of their flight Pharaoh at 
once starts in pursuit. The Israelites, terrified by the approach of 
the Egyptians, upbraid Moses, who promises them deliverance by 
the hand of Yahweh (xiv. 5, 6,-76, 10a, 11-14, 196). Yahweh then 
causes a strong east wind to blow all that night, which drives back 
the waters from the shallows, and so renders it possible for the host 
of Israel to cross over. The Egyptians follow, but the progress of 
their chariots is hindered by the soft sand, and in the morning they 
are caught by the returning waters (xiv. 216, 24, 25, 276, 286, 30). 
The story, however, has been combined with the somewhat different 
account of E, which doubtless Covered the same ground, and also 
with that of P. According to the former, Elohim did not permit the 
Israelites to take the shorter route to Canaan by the Mediterranean 
coast, for fear of the Philistines, but led them southwards to the 
Red Sea, whither they were pursued by the Egyptians (xiii. 17-19). 
The remainder of E's account has only been preserved in a frag- 
mentary form (xiv. 70a, 106, 150, 19a, 20a), from which it may be 
gathered that Moses divided the waters by stretching out his rod, 
thus presupposing that the crossing took place by day, and that 
the dark cloud which divided the two hosts was miraculously caused 
by the angel of God. P also represents the sea as divided by means 
of Moses' rod, but heightens the effect by describing the crossing as 
taking place between walls of water (xiii. 20; xiv. 1-4, 8, 9, 156, 
166-18, 21a, c, 22, 23, 26, 270, 28a, 29). 

J's version of the Song of Moses probably does not extend beyond 
xv. I , and has its counterpart in the very similar song of Miriam (E) , 
in w. 20, 21. The rest of the song (w. 2-18) is probably the work 
of a later writer ; for these verses set forth not only the deliverance 
from Egypt, but also the entrance of Israel into Canaan (w. 13-17), 
and further presuppose the existence of the temple (vv. 136, 17ft). 
These phenomena have been explained as due to later expansion, 
but the poem has all the appearance of being a unity, and the 
language, style and rhythm all point to a later age. Verse 19 is 
probably the work of the redactor (R p ) who inserted the song. 

(5) xv. 22-xviii. 27. Incidents in the Wilderness. — The narrative 
of the first journeying in the wilderness (xv. 22-xvii. 7) presents a 
series of difficulties which probably owe their origin to the editorial 
activity of R p , who appears to have transferred to the beginning 
of the wanderings a number of incidents which rightly belong to the 
end. The concluding verses of ch. xv. contain J's account of the 
sweetening of the waters of Marah, with which has been incorporated 
a fragment of E's story of Massah (xv. 256) and a Deuteronomic 
expansion in v. 26. Then follows (ch. xvi.) P's version of the sending 
of the manna and quails. In its present form, this narrative con- 
tains a number of conflicting elements, which can only be the result 
of editorial activity. Thus vv. 6, 7 must? originally have preceded 
vv. 11, 12, though the redactor has attempted to evade the difficulty 
by inserting v. 8. Again, the account of the quails, which is obviously 
incomplete, is undoubtedly derived from Num. xi. ; but the latter 
account, which admittedly belongs to JE, places the incident at 
the end of the wanderings. Closer examination also of P's narrative 
of the manna shows that its true- position is after the departure 
from Mt. Sinai ; cf. the expressions used in vv. 9, 10, 33, 34, implying 
the existence of the ark and the tabernacle. P's account of the 
manna, however, can hardly have stood originally in close juxta- 
position with his account of the quails (cf. Num. xi. 6), but the two 
narratives were probably combined by R p before they were trans- 
ferred to their present position. The same redactor doubtless added 
v. 8 (and possibly vv. 17, 18) by way of explanation, and vv. 5 and 
22-30, which imply that the law of the Sabbath was already known, 
and introduce a fresh element into the story. A plausible ex- 
planation of R p 's action is supplied by the theory that an earlier 
account of the giving of the manna already existed at this point of 
the narrative. We know from Deuteronomy viii. 2 f., 16 that JE 
contained an account of the manna, which included the explanation 
of Ex. xvi. 15, and also emphasized, as the motive for the gift, 
Yahweh's desire "to prove thee {i.e. test thy disposition) . . . 
whether thou wouldst keep his commandments, or no." Fragments 
of this early story of Massah (testing) were incorporated by R p 
in his story of the manna and the quails, viz. xv. 256; xvi. 4, 15, 
160, 196-21. These verses must be assigned to E, for in xvii. 3, 2c 
(wherefore do ye tempt the Lord ?), ya (to Massah), c (because they 
tempted . . ., &c), we find yet another version (J) of the same 
incident, according to which the people tempted (tested) Yahweh. 
It was owing to the combination of this latter account with E's 



further description of the striving of the people for water at Meribah 
that the double name Massah-Meribah arose, xvii. 16-7 (ia belongs 
to P), though Deut. xxxiii. 8 makes it clear that Massah and Meribah 
were separate localities (cf. Deut. ix. 22, 2 f., 16, where Massah 
occurs alone) : P's version of striving at Meribah, in which traces of 
J's account have been preserved, is given at Num. xx. 1-13. 

xvii. 8-16. The Battle with Amalek at Rephidim. — This incident is 
derived from E, but is clearly out of place in its present context. 
Its close connexion with the end of the wanderings is shown by (a) 
the description of Moses as an infirm old man; (6) the r&le played 
by Joshua in contrast with xxiv. 13, xxxiii. 11, where he is intro- 
duced as a young man and Moses' minister; and (c) the references 
elsewhere to the home of the Amalekites : according to Num. xiii.- 
29, xiv. 25, xliii. 45, they dwelt in the S. or S.W. of Judah near 
Kadesh (cf. I Sam. xv. 6 f., 30; Gen. xiv. 7 ; xxxvi. 12). 

Ch. xviii. The visit of Jethro to Moses and the appointment of judges. 
— This story, like the preceding one, is mainly derived from E and is 
also out of place. Allusions in the chapter itself point unmistakably 
to a time just before the departure from Sinai-Horeb, and this date 
is confirmed both by Deut. i. 9-16 and by the parallel account of J 
in Num. x. 29-32. The narrative, however, displays signs of com- 
pilation, and it is not improbable that R' a has incorporated in w. 
7- 1 1 part of J's account of the visit of Moses' father-in-law (cf. the 
use of Yahweh). 

(6) Ch. xix.-xxiv., xxxii., xxxiv. — The contents of these chapters, 
which, owing to their contents, form the most important section in 
the book of Exodus, may be briefly analysed as follows. In ch. xix. 
we have a twofold description of the theophany on Mt. Sinai (or 
Horeb), followed by the Decalogue in xx. 1-17. Alongside of this 
code we find another, dealing in part with the civil and social (xxi. 
2-xxii. 17), in part with the religious life of Israel, the so-called 
Book of the Covenant, xx. 22-xxiii. 19. Ch. xxiv. contains a com- 
posite narrative of the ratification of the covenant. In chs. xxxii. 
and xxxiii. we have again two narratives of the sin of the people 
and of Moses' intercession, while in ch. xxxiv. we are confronted 
with yet another early code, which is practically identical with the 
religious enactments of xx. 22-26; xxii. 29, 30; xxiii. 10-19. 

With but few exceptions the provenance of the individual sections 
may be said to have been finally determined by the labours of the 
critics, but even a cursory examination of their contents makes it 
evident that the sequence of events, which they now present, cannot 
be original, but is rather the outcome of a long process of revision,* 
during which the text has suffered considerably from alterations, 
omissions, dislocations and additions. Yet owing to the method cf 
composition employed by Hebrew editors, or revisers, it is possible 
jn this case, as in others, not only to determine the source of each 
individual passage, but also to trace with considerable confidence 
the various stages in the process by which it reached its final form 
and position. It must, however, be admitted that the evidence 
at our disposal is, in some cases, capable of more than one interpre- 
tation. Hence a final conclusion can hardly be expected, but with 
certain modifications in detail the following solution of the problem 
may be accepted as representing the point of view of recent criticism. 

Ch. xix. contains two parallel accounts of the theophany on 
Horeb-Sinai, from E and J respectively, which differ materially 
from one another. According to the former, Moses is instructed by 
God (Elohim) to sanctify the people against the third day (vv. 9a, 
10, 1 1 a). This is done and the people are brought by Moses to the 
foot of the mountain (Horeb), where they hear the divine voice 
(14-17, 19). A noticeable feature of this narrative, of which xx. 
18-21 forms a natural continuation, is the fact that the theophany 
is addressed to the people, who are too frightened to remain near 
the mountain itself. In J, on the other hand, it is the priests who 
are sanctified, and great care must be taken to prevent the people 
from " breaking through to gaze " (20-22). In this account the 
mountain is called " Sinai " throughout, and " Yahweh " appears 
instead of " Elohim " (116, 18, 20 f.). Moreover, Moses and Aaron 
and the priests are summoned to the top of the mount (in v. 246 
render " thou and Aaron with thee, and the priests: but let not the 
people," &c). Vv. 36-8, which have been expanded by a Deutero- 
nomic editor, have been transferred from their original context after 
xx. 21 ; the introductory verses 1, 20 form part of P's itinerary. 

Of the succeeding legislation in xx.-xxiii., xxxii.-xxxiv., un- 
doubtedly the earlier sections are xx. 22-26; xxii. 29, 30; xxiii. 
10-19, and xxxiv. 10-26, which contain regulations with regard to 
worship and religious festivals, and form the basis of the covenant 
made by Yahweh with Israel on Sinai-Horeb, as recorded by E and J 
respectively. The narrative which introduces the covenant laws 
of J has been preserved partly in its present context, ch. xxxiv., 
partly in xxiv. 1, 2, 9-1 1; the narrative of E, on the other hand, 
has in part disappeared owing to the interpolation of later material, 
in part has been retained in xxiv. 3-8. J's narrative xxiv. 1 f., 
9-11 clearly forms the continuation of xix. 20 f., 116, 13, 25, but the 
introductory words of v. 1," and unto Moses he said," point to some 
omission. Originally, no doubt, it included the recital of the divine 
instructions to the people in accordance with xix. 21 f., 1 16-13, 
the statement that Yahweh came down on the third day, and that a 
long blast was blown on the trumpet (or ram's horn [hy, as opposed 
to isv E]). From xxiv. I f. we learn that Moses and Aaron, Nadab 
and Abihu, and seventy of the elders were summoned to the top 



7 6 



EXODUS, BOOK OF 



of the mountain, but that Moses alone was permitted to approach 
Yahweh. Then followed the theophany, and, as the text stands, 
the sacrificial meal (9-11). 1 The conclusion of J's narrative is given 
in ch. xxxiv., 2 which describes how Moses hewed two tables of stone 
at Yahweh's command, and went up to the top of the mountain, 
where he received the words of the covenant and wrote them on the 
tables. As it stands, however, this chapter represents the legislation 
which it contains as a renewal of a former covenant, also written 
on tables of stone, which had been broken (lb, 4a). But the docu- 
ment from which the chapter, as a whole, is derived, is certainly J, 
while the previous references to tables of stone and to Moses' breaking 
them belong to the parallel narrative of E. Moreover, the covenant 
here set forth (v. 10 f.) is clearly a new one, and contains no hint 
of any previous legislation, nor of any breach of it by the people. 
In view of these facts we are forced to conclude that lb (" like unto 
the first . . . brakest "), 4a (" and he hewed . . . the first ") and 
v.. 28 (" the ten words ") formed no part of the original narrative, 3 
but were inserted by a later Deuteronomic redactor. In the view 
of this editor the Decalogue alone formed the basis of the covenant 
at Sinai-Horeb, and in order to retain J's version, he represented it 
as a renewal of the tables of stone which Moses had broken. 4 

The legislation contained in xxxiv. 10-26, which may be described 
as the oldest legal code of the Hexateuch, is almost entirely religious. 
It prohibits the making of molten images (v. 17), the use of leaven 
in sacrifices (25a), the retention of the sacrifice until the morning 
(25b), 5 and the seething of a kid in its mother's milk (266); and 
enjoins the observance of the three annual feasts and the Sabbath 
(18a, 21-23), an d the dedication of the first-born (19, 20, derived 
from xiii. 11-13) and of the first-fruits (26a). 

The parallel collection of E is preserved in xx. 24-26, xxiii. 10-19, 
to which we should probably add xxii. 29-31 (for which xxiii. 190 
was afterwards substituted). The two collections resemble one 
another so closely, both in form and extent, that they can only be 
regarded as two versions of the same code. E has, however, pre- 
served certain additional regulations with regard to the building of 
altars (xx. 24-26) and the observance of the seventh year (xxiii. 
10, n), and omits the prohibition of molten images (xx. 22, 23, 
appear to be the work of a redactor); xxiii. 20-33, the promises 
attached to the observance of the covenant, probably formed no 
part of the original code, but were added by the Deuteronomic 
redactor; cf. especially vv. 23-253, 27, 28, 316-33. The narrative of 
E relative to the delivery of these laws has disappeared, 6 but xxiv. 
3-8 (which manifestly have no connexion with their immediate 
context) clearly point back to some such narrative. These verses 
describe how Moses wrote all the words of the Lord in a book and 
recited them to the people (v. 7) as the basis of a covenant, which 
was solemnly ratified by the sprinkling of the blood of the accompany- 
ing sacrifices. 

In the existing text the covenant laws of E (xx. 24-26, xxii. 29-31, 
xxiii. 10-19) are combined with a mass of civil and other legislation; 
hence the title " Book of the Covenant " (referred to above, xxiv. 7) 
has usually been applied to the whole section, xx. 22-xxiii. 33. But 
this section includes three distinct elements: (a) the "words " 
(D'-rn.-i) found in xx. 24-26, xxii. 29-31, xxiii. 1-10; (b) the "judg- 
ments" (D'ostran) , xxi. 2-xxii. 17; and (c) a group of moral and 
ethical enactments, xxii. 18-28, xxiii. 1-9; and an examination of 
their contents makes it evident that, though the last two groups are 
unmistakably derived from E, they cannot have formed part of the 
original "Book of the Covenant"; for the "judgments," which 
are expressed in a hypothetical form, consist of a number of legal 
decisions on points of civil law. The cases dealt with fall into five 
divisions: (1) The rights of slaves, xxi. 2-11; (2) capital offences, 
xxi. 12-16 (v. 17 has probably been added later) ; (3) injuries inflicted 
by man or beast, xxi. 18-32; (4) losses incurred by culpable 
negligence or theft, xxi. 33-xxii. 6; (5) cases arising out of deposits, 
loans, seduction, xxii. 7-17. It is obvious, from their very nature, 
that these legal precedents could not have been included in the 
covenant which the people (xxiv. 3) promised to observe, and it is 

1 Unless we follow Riedel and read simply " and worshipped " 
(vnnE"i) instead of " and drank " (inm), treating " and ate " 
(l^N'i) as a later addition ; cf . HDB, extra vol. p. 631 note. 

2 Vv. 6-9 are out of place here: they belong to the story of Moses' 
intercession in ch. xxxiii. 

3 This view is confirmed by (a) a comparison of v. lb (" and I will 
write") with vv. 27, 28; according to the latter, Moses wrote the 
words of the covenant; and (b) the tardy mention of Moses in 46; 
the name would naturally be given at the beginning of the verse. _ 

4 Others suppose that the present position of ch. xxxiv. is due, in 
the first instance, to RJE, but in view of the other Deuteronomic 
expansions in w. 106-16, 23, 24, it is more probable that J's version 
was discarded by RJE in favour of E's, and was afterwards restored 
by RD. 

5 Reading " the sacrifice of my feasts " for " the sacrifice of the 
least of the Passover." 

6 Unless, with Bacon, we are to regard xxiv. 12-14, 186 as original. 
More probably a later editor has worked up old material of E (of 
Which there are unmistakable traces) in order to include the whole 
of xx.-xxiii. in the covenant: xxiv. !5-i8a are an addition from P. 



now generally admitted that the words "and the judgments" 
(which are missing in c. I b) have been inserted ia xxiv. 3a by the 
redactor to whom the present position of the " judgments " is due. 7 
The majority of critics, therefore, adopt Kuenen's conjecture that 
the " judgments " were originally delivered by Moses on the borders 
of Moab, and that when D's revised version of Ex. xxi. -xxiii. was 
combined with JE, the older code was placed alongside of E's other 
legislation at Horeb. The third group of laws (xxii. 18-28, xxiii. 
1-9) appears to have been added somewhat later than the bulk of 
xxi.-xxiii. Some of the regulations are couched in hypothetical form, 
but their contents are of a different character to the " judgments," 
e.g. xxii. 25 f., xxiii. 4 f . ; others, again, are of a similar nature, but 
differ in form, e.g. xxii. 18 f. Lastly, xxii. 20-24, xxiii. 1-3 set forth 
a number of moral injunctions affecting the individual, which cannot 
have found place in a civil code. At the same time, these additions 
must for the most part be prior to D, since many of thern are included in 
Deut. xii.-xxvi., though there are traces of Deuteronomic revision. 

Now it is obvious that the results obtained by the foregoing 
analysis of J and E have an important bearing on the history of the 
remaining section of E's legislation, viz. the Decalogue (q.v.), Ex. 
xx. 1-17 ( = Deut. v. 6-21). At present the "Ten Words" stand 
in the forefront of E's collection of laws, and it is evident that they 
were already found, in that position by the author of Deuteronomy, 
who treated them as the sole basis of the covenant at Horeb. The 
evidence, however, afforded (a) by the parallel version cf Deutero- 
nomy and (b) oy the literary analysis of J and E not only fails 
to support this tradition, but excites the gravest suspicions as to 
the originality both of the form and of the position in which the 
Decalogue now appears. For when compared with Ex. xx. 1-17 
the parallel version of Deut. v. 6 ff. is found to exhibit a number 
of variations, and, in particular, assigns an entirely different reason 
for the observance of the Sabbath. But these variations are 
practically limited to the explanatory comments attached to the 
2nd, 4th, 5th and 10th commandments; and the majority of critics 
are now agreed that these comments were added at a later date, 
and that all the commandments, like the 1st and the 6th to the 
9th, were originally expressed in the form of a single short sentence. 
This view is confirmed by the fact that the additions, or comments, 
bear, for the most part, a close resemblance to the style of D. They 
can scarcely, however, have been transferred from Deuteronomy to 
Exodus (or vice versa), owing to the variations between the two 
versions : we must rather regard them as the work of a Deuteronomic 
redactor. But the expansion and revision of the Decalogue were 
not limited to the Deuteronomic school. Literary traces of J and E 
in the 2nd, 3rd, 4th and 10th commandments point to earlier activity 
on the part of RJ E , while the addition of v. 11, which bases the 
observance of the Sabbath on P 's narrative of the Creation (Gen. ii. 
1-3), can only be ascribed to a priestly writer: its absence from 
Deut. v. 6 ff. is otherwise inexplicable. Thus the Decalogue, as 
given in Exodus, would seem to have passed through at least three 
stages before it assumed its present form. But even in its original 
form it could hardly have formed part of E's Horeb legislation; 
for (a) both J and E have preserved a different collection of laws 
(or " words ") inscribed by Moses, which are definitely set forth 
as the basis of the covenant at Sinai-Horeb (Ex. xxxiv. 10, xxiv. 
3 f.), and (b) the further legislation of E in ch. xx.-xxiii. - affords 
close parallels to all the commandments (except the 7th and the 
10th), and a comparison of the two leaves no doubt as to which is 
the more primitive. Hence we can only conclude that the Decalogue, 
in its original short form, came into existence during the period after 
the completion of E, but -before the promulgation of Deuteronomy. 
Its present position is, doubtless, to be ascribed to a redactor who 
was influenced by the same conception as the author of Deuteronomy. 
This redactor, however, did not limit the Horeb covenant to the 
Decalogue, but retained E's legislation alongside of it. The insertion 
of the Decalogue, or rather the point of view which prompted its 
insertion, naturally involved certain consequential changes of the 
existing text. The most important of these, viz. the harmonistic 
additions to ch. xxxiv., by means of which J's version of the covenant 
was represented as a renewal of the Decalogue, has already been dis- 
cussed ; other passages which show traces of similar revision are 
xxiv. 12-153, 186, and xxxiv. 1-6. 

The confusion introduced into the legislation by later additions, 
with the consequent displacement of earlier material, has not been 
without effect on the narratives belonging to the different sources. 
Hence the sequence of events after the completion of the covenant 
on Sinai-Horeb is not always easy to trace, though indications are 
not wanting in both J and E of the probable course of the history. 
The two main incidents that precede the departure of the children 
of Israel from the mountain (Num. x. 29 ff.) are (1) the sin of the 
people, and (2) the intercession of Moses, of both of which a double 
account has been preserved. 



7 The present text of xxiv. 12 also has probably been transposed 
in accordance with the view that the " judgment " formed part of 
the covenant, cf. Deut. v. 31. Originally the latter part of the verse 
must have run, " That I may give thee the tables of stone which I 
have written, and may teach thee the law and the commandment. " 
For further details see Bacon, Triple Tradition of Exodus, pp. 
in f., 132 f. 



EXODUS 



11 



(i) The Sin of the People.— According to J (xxxii. 25-29) the 
people, during the absence of Moses, " break loose," i.e. mutiny. 
Their behaviour excites the anger of Moses on his return, and in 
response to his appeal the sons of Levi arm themselves and slay a 
large number of the people : as a reward for their services they are 
bidden to consecrate themselves to Yahweh. The fragmentary form 
of the narrative — we miss especially a fuller account of the " breaking 
loose " — is doubtless due to the latter editor, who substituted the 
story of the golden calf (xxxii. 1-6, 15-24, 35), according to which the 
sin of the people consisted in direct violation of the 2nd command- 
ment. At the instigation of the people Aaron makes a molten calf 
out of the golden ornaments brought from Egypt ; Moses and Joshua, 
on their return to the camp, find the people holding festival in honour 
of the occasion; Moses in his anger breaks the tables of the covenant 
which he is carrying: he then demolishes the golden calf, and ad- 
ministers a severe rebuke to Aaron. The punishment of the people 
is briefly recorded in v. 35. This latter narrative, which is obviously 
inconsistent with the story of J, shows unmistakable traces of E. 
In its present form, however, it can hardly be original, but must 
have been revised in accordance with the later Deuteronomic 
conception which represented the sin committed by the people as 
a breach of the 2nd commandment. Possibly vv. 7-14 are also to be 
treated as a Deuteronomicexpansion (cf. Deut. ix. 12-14). Though 
they show clear traces of J, it is extremely difficult to fit them 
into that narrative in view of Moses' action in vv. 25-29 and of his 
intercession in ch. xxxiii.; in any case, vv. 8 and 13 must be regarded 
as redactional. 

(2) Moses' Intercession. — The time for departure from the Sacred 
Mount had now arrived, and Moses is accordingly bidden to lead 
the people to the promised land. Yahweh himself refuses to accom- 
pany Israel owing to their disobedience, but in response to Moses' 
passionate appeal finally consents to let his presence go with them. 
The account of Moses' intercession has been preserved in J, though 
the narrative has undergone considerable dislocation. The true 
sequence of the narrative appears to be as follows: Moses is com- 
manded to lead the people to Canaan (xxxiii. 1-3); he pleads that 
he is unequal to the task (Num. xi. 10c, 11, 12, 14, 15), and, presum- 
ably, asks for assistance, which is promised (omitted). Moses then 
asks for a fuller knowledge of Yahweh and his ways (xxxiii. 12, 13) : 
this request also is granted (v. 17), and he is emboldened to pray that 
he may see the glory of Yahweh ; Yahweh replies that his prayer 
can only be granted in part, for " man shall not see me and live "; 
a partial revelation is then vouchsafed to Moses (xxxiii. 18-23, 
xxxiv. 6-8) : finally, Moses beseeches Yahweh to go in the midst 
of his people, and is assured that Yahweh's presence shall accompany 
them (xxxiv. 9, xxxiii. 14-16). The passage' from Numbers xi., 
which is here included, is obviously out of place in its present context 
(the story of the quails), and supplies in part the necessary ante- 
cedent to Ex. xxxiii. 12, 13; the passage is now separated from 
Ex. xxxiii. by Ex. xxxiv. (J), which has been wrongly transferred to 
the close of the Horeb-Sinai incidents (see above), and by the priestly 
legislation of Ex. xxxv.— xl., Leviticus and Num. i.-x. ; but originally 
it must have stood in close connexion with that chapter. A similar 
displacement has taken place with regard to Ex. xxxiv. 6-9, which 
clearly forms the sequel to xxxiii. 17-23. The latter passage, how- 
ever, can hardly represent the conclusion of the interview, which 
is found more naturally in xxxiii. 14-16. E'c account of Moses' 
intercession seems to have been retained, in part, in xxxii. 30-34, 
but the passage has probably been revised by a later hand ; in any 
case its position before instead of after the dismissal would seem to 
be redactional. 

It is a plausible conjecture that the original narratives of J and E 
also contained directions for the construction of an ark, 1 as a sub- 
stitute for the personal presence of Yahweh, and also for the erection 
of a " tent of meeting " outside the camp, and that these commands 
were omitted by R p in favour of the more elaborate instructions 
given in ch. xxv.-xxix. (P). The subsequent narrative of J (Num. 
x. 33-36, xiv. 44) implies an account of the making of the ark, while 
the remarkable description in Ex. xxxiii. 7- 11 (E) of Moses' practice 
in regard to the " tent of meeting " points no less clearly to some 
earlier statement as to the making of this tent. 

The history of Exodus in its original form doubtless concluded 
with the visit of Moses' father-in-law and the appointment of judges 
(ch. xviii.), the departure from the mountain and the battle with 
Amalck (xvii. 8-16). • 

(c) The Construction of the Tabernacle and its Furniture (ch. xxv.- 
xxxi., xxxv.-xl.). — It has long been recognized that the elaborate 
description of the Tabernacle and its furniture, and the accompanying 
directions for the dress and consecration of the priests, contained in 
ch. xxv.~xx.xi., have no claim to be regarded as an historical present- 
ment of the Mosaic Tabernacle and its service. The language, 
style and contents of this section point unmistakably to the hand of 
P; and it is now generally admitted that these chapters form 
part of an ideal representation of the post-exilic ritual system, 
which has been transferred to the Mosaic age. According to this 

'According to Deut. x. I f., which is in the main a. verbal excerpt 
from Ex. xxxiv. 1 f., Yahweh ordered Moses to make an ark of acacia 
wood before he ascended the mountain. 



representation, Moses, on the seventh day after the conclusion of 
the covenant, was summoned to the top of the mountain, and there 
received instructions with regard to (a) the furniture of the sanctuary, 
viz. the ark, the table and the lamp-stand (ch. xxv.) ; (&) the Tabernacle 
(ch. xxvi.); (c) the court of the Tabernacle and the altar of: burnt- 
offering (ch. xxvii.); (d) the dress of the priests (ch. xxviii.); {e) the 
consecration of Aaron and his sons (xxix. 1-37) ; arid (/) the daily 
burnt-offering (xxix. 38-42) : the section ends with a formal con- 
clusion (xxix. 43-46). The two following chapters contain further, 
instructions relative to the altar of incense (xxx. I- 10), the payment 
of the half-shekel (11-16), the brazen laver (17-21), the anointing oil 
(22-33), the incense (34-38), the appointment of Bezaleel and Oholiab 
(xxxi. 1-1 1) and the observance of the Sabbath (12-17). It is hardly 
doubtful, however, that these two chapters formed no part of P's 
original legislation, but were added by a later hand. 2 For (1) the 
altar of incense is here mentioned for the first time, and was appar- 
ently unknown to the author of ch. xxv.-xxix. Had he known of its 
existence, he could hardly have failed to include it with the rest of 
the Tabernacle furniture in ch. xxvi., and must have mentioned it at 
xxvi. 34 f., where the relative positions of the contents of the Taber- 
nacle are defined : further, the ritual of the Day of Atonement (Lev. 
xvi. referred to in xxx. 10) ignores this altar, and mentions only dree 
altar (cf. " the altar," xxvii. 1), viz. that of burnt-offering; (2) the 
command as to the half-shekel presupposes the census of Num. i., 
and appears to have been unknown in the time of Nehemiah (N.eh. 
x. 32) (Heb. 33) ; (3) the instructions as to the brazen laver would 
naturally be expected alongside of those for the altar of burnt- 
offering in ch. xxvii. ; (4) the following section relating to the anoint^ 
ing oil presupposes the altar of incense {v. 28), and further expends 
the ceremony of anointing to Aaron's sons, though, elsewhere, the 
ceremony is confined to Aaron (xxix. 7, Lev. viii. 12), cf. the title 
"anointed priest" applied to the high priest (Lev. iv. 3, &c.j; 
(5) the directions for compounding the incense connect naturally 
with xxx. 1-10, while (6) the appointment of Bezaleel and Oholiah 
cannot be separated from the rest of ch. xxx.-xxxi. The concluding 
section on the Sabbath (xxxi. 12-17) shows marks of resemblance to 
H (Lev. xvii.-xxvi.), especially in vv. 12-140, which appear to have 
been expanded, very possibly by the editor who inserted the passage. 
The continuation of P's narrative is given in xxxiv. 29-35, which 
describe Moses' return from the mount. The subsequent chapters 
(xxxv.-xl.), however, can hardly belong to the original stratum of P., 
if only because they presuppose ch. xxx., xxxi., and were probably 
added at a later stage than the latter chapters. They narrate how 
the commands of ch. xxv.— xxxi. were carried out, and practically 
repeat the earlier chapters verbatim, merely thetenses being changed, 
the most noticeable omissions being xxvii. 20 f. (oil for the lamps), 
xxviii. 30 (Urim and Thummim), xxix. 1-37 (the consecration of the 
priests, which recurs in Lev. viii.) and xxix. 38-42 (the daily burnt- 
offering). Apart from the omissions the most striking difference 
between the two sections is the variation in order, the different 
sections of ch. xxv.-xxxi. being here set forth in their natural sequence, 
The secondary character of these concluding chapters receives con- 
siderable confirmation from a comparison of the Septuagint text. 
For this version exhibits numerous cases of variation, both as regards 
order and contents, from the Hebrew text ; moreover the translation, 
more particularly of many technical terms, differs from that of ch. 
xxv.-xxxi., and seems to be the work of different translators. Hence 
it is by no means improbable that the final recension of these chapters 
had not been completed when the Alexandrine version was made. 

Authorities. — In addition to the various English and German 
commentaries on Exodus included under the head of the Pentateuch, 
the following English works are especially worthy of mention: 
S. R. Driver, Introd. to the Literature of the O.T., and " Exodus " in 
the Camb. Bible; B. W. Bacon, The TrMe Tradition of the Exodus 
(Hartford, U.S.A., 1894), and A. H. McNeile, The Book of Exodus 
(Westminster Commentaries) (1908) ; also the articles on " Exodus " 
by G. Harford-Battersby (Hastings, Diet. Bib. vol. i.) and by G. F. 
Moore, Ency. Biblica, vol. ii. (J. F. St.) 

EXODUS, THE, the name given to the journey (Gr. e£odos) of 
the Israelites from Egypt into Palestine, under the leadership 
of Moses and Aaron, as described in the books of the Bible from 
Exodus to Joshua. These books contain the great national epic 
of Judaism relating the deliverance of the people from bondage 
in Egypt, the overthrow of the pursuing Pharaoh and his army, 
the divinely guided wanderings through the wilderness and the 
final entry into the promised land. Careful criticism of the 
narratives 3 has resulted in the separation of later accretions 
from the earliest records, and the tracing of the elaboration of 
older traditions under the influence of developing religious and 
social institutions. In the story of the Exodus there have been ■ 
incorporated codes of laws and institutions which were to be 
observed by the descendants of the Israelites in their future 

2 To the same hand are to be ascribed also xxvii. 6, 20, 21; 
xxviii. 41; xxix. 21, 38-41. 

3 See the articles on the books in question. 



7 8 



EXODUS 



home, and these, really of later origin, have thus been thrown 
back to the earlier period in order to give them the stamp of 
authority. So, although a certain amount of the narrative 
could date from the days of Moses, the Exodus story has been 
made the vehicle for the aims and ideals of subsequent ages, 
and has been adapted from time to time to the requirements 
of later stages of thought. The work of criticism has brought 
to light important examples of fluctuating tradition, singular 
lacunae in some places and unusual wealth of tradition in others, 
and has demonstrated that much of that which had long been 
felt to be impossible, and incredible was due to writers of the 
post-exilic age many centuries after the presumed date of the 
events. 

The book of Genesis closes with the migration of Jacob's 
family into Egypt to escape the famine in Canaan. Jacob died 
and was buried in Canaan by his sons, who, however, returned 
again to the pastures which the Egyptian king had granted 
them in Goshen. Their brother Joseph on his death-bed promised 
that God would bring them to the land promised to their fore- 
fathers and solemnly adjured them to carry up his bones (Gen. L). 
In the book of Exodus the family has become a people. 1 The 
Pharaoh is hostile, and Yahweh, the Israelite deity, is moved 
to send a deliverer; on the events that followed see Exodus, 
Book of; Moses. It has been thought that dynastic changes 
occasioned the change in Egyptian policy (e.g. the expulsion of 
the Hyksos), but if the Israelites built Rameses and Pithom 
(Ex. i. n), cities which, as excavation has shown, belong to the 
time of Rameses II. (13th century B.C.), earlier dates are in- 
admissible. On these grounds the Exodus may have taken 
place under one of his successors, and since Mineptah or 
Merneptah (son of Rameses) , in relating his successes in Palestine, 
boasts that Ysiraal is desolated, it would seem that the Israelites 
had already returned. On the other hand, it has been suggested 
that when Jacob and his family entered Egypt, some Israelite 
tribes had remained behind and that it is to these that Mineptah 's 
inscription refers. The problem is complicated by the fact that, 
from the Egyptian evidence, not only was there at this time 
no remarkable emigration of oppressed Hebrews, but Bedouin 
tribes were then receiving permission to enter Egypt and to 
feed their flocks upon Egyptian soil. It might be assumed that 
the Israelites (or at least those who had not remained behind 
in Palestine) effected their departure at a somewhat later date, 
and in the time of Mineptah's successor, Seti II., there is an 
Egyptian report of the pursuit of some fugitive slaves over the 
eastern frontier. The value of all such evidence will naturally 
depend largely upon the estimate formed of the biblical narra- 
tives, but it is necessary to observe that these have not yet 
found Egyptian testimony to support them. Although the 
information which has been brought to bear upon Egyptian life 
and customs substantiates the general accuracy of the local 
colouring in some of the biblical narratives, the latter contain 
several inherent improbabilities, and whatever future research 
may yield, no definite trace of Egyptian influence has so far 
been found in Israelite institutions. 

No allusions to Israelites in Egypt have yet been found on the 
monuments; against the view that the Aperiu (or Apury) of the 
inscriptions were Hebrews, see S. R. Driver in D. G. Hogarth, 
Authority and Archaeology, pp. 56 sqq. ; H. W. Hogg, Ency. Bib. col. 
1 3 10. The plagues of Egypt have been shown to be those to which 
the land is naturally subject (R. Thomson, Plagues of Egypt), but 
the description of the relations of Moses and Aaron to the court 
raises many difficult questions (H. P. Smith, O.T. Hist. pp. 57-60). 
Those who reject Ex. i. 1 1 and hold that 480 years elapsed between 
the Exodus and the foundation of the temple (1 Kings vi. 1, see 
Bible: Chronology) place the former about the time of Tethmosis 
(Thothmes) III., and suppose that the hostile Habiri (Khabiri) who 



1 There is a lacuna between the oldest traditions in Genesis and 
those in Exodus: the latter beginning simply " and there arose a 
new king over Egypt which knew not Joseph. ' The interval between 
Jacob's arrival in Egypt and the Exodus is given varyingly as 400 
or 430 years (Gen. xv. 13, Ex. xii. 40 seq., Acts vu. 6); but the 
Samaritan and Septuagint versions allow only 215 years (Ex. loc. cit.\ 
and a period of onlv four generations is presupposed in Gen. xv. 16 
(cf. the length of the genealogies between the contemporaries of 
Joseph and those of Moses in Ex. vi. 10-20). 



troubled Palestine in the 15th century are no other than Hebrews 
(the equation is philologically sound), i.e. the invading Israelites. 2 
But although the evidence of the Amarna tablets might thus support 
the biblical tradition in its barest outlines, the view in question, if 
correct, would necessitate the rejection of a great mass of the biblical 
narratives as a whole. 

In the absence of external evidence the study of the Exodus 
of the Israelites must be based upon the Israelite records, and 
divergent or contradictory views must be carefully noticed. 
Regarded simply as a journey from Egypt into Palestine it is the 
most probable of occurrences: the difficulty arises from the 
actual narratives. The first stage is the escape from the land of 
Goshen (q.v.), the district allotted to the family of Jacob (Gen. 
xlvi. 28-34, xlvii. 1, 4, 6). 3 As to the route taken across the 
Red Sea (Yam Siiph) scholars are not agreed (see W. M. Miiller, 
Ency. Bib. col. 1436 sqq.); it depends upon the view held 
regarding the second stage of the journey, the road to the 
mountain of Sinai or Horeb and thence to Kadesh. The last- 
mentioned place is identified with Ain Kadis, about 50 m. south 
of Beersheba; but the identification of the mountain is uncertain, 
and it is possible that tradition confused two distinct places. 
According to one favourite view, the journey was taken across 
the Sinaitic peninsula to Midian, the home of Jethro. Others 
plead strongly for the traditional site Jebel Musa or Serbal in 
the* south of the peninsula (see J. R. Harris, Diet. Bible, iv. 
pp. 536 sqq.; H. Winckler, Ency. Bib. col. 4641). The latter 
view implies that the oppressed Israelites left Egypt for one 
of its dependencies, and both theories find only conjectural 
identifications in the various stations recorded in Num. xxxiii. 
But this list of forty names, corresponding to the years of 
wandering, is from a post-exilic source, and may be based 
merely upon a knowledge of caravan-routes; even if it be of 
older origin, it is of secondary value since it represents a tradition 
differing notably from that in the earlier narratives themselves, 
and these on inspection confirm Judg. xi. 16 seq., where the 
Israelites proceed immediately to Kadesh. 

Ex. xvi.-xviii. presuppose a settled encampment and a law- 
giving, and thus belong to a stage after Sinai had been reached (Ex. 
xix. sqq.). They are closely related, as regards subject matter, &c, 
to the narratives in Num. x. 29-xi., xx. 1-13 (Sinai to Kadesh), 
and the initial step is the recognition that the latter is their original 
context (see G. F. Moore, Ency. Bib. col. 1443 [v.J). Further, 
internal peculiarities associating events now at Sinai-Horeb with 
those at Kadesh support the view that Kadesh was their true scene, 
and it is to be noticed that in Ex. xv. 22 seq. the Israelites already 
reach the wilderness of Shur and accomplish the three days' journey 
which had been their original aim (cf. Ex. iii. 18, v. 3, viii. 27). 
The wilderness of Shur (Gen. xvi. 7, xx. 1 ; I Sam. xv. 7, xxvii. 8) 
is the natural scene 'of conflicts with Amalekites (Ex. xvii. 8 sqq.), 
and its sanctuary of Kadesh or En Mishpat (" well of judgment," 
Gen. xiv. 7) was doubtless associated with traditions of the giving 
of statutes and ordinances. The detour to Sinai-Horeb appears to 
belong to a later stage of the tradition, and is connected with the 
introduction of laws and institutions of relatively later form. It is 
foreshadowed by the injunction to avoid the direct way into Palestine 
(see Ex. xiii. 17-19), since on reaching Kadesh the Israelites would 
be within reach of hostile tribes, and the conflicts which it was pro- 
posed to avoid actually ensued. 4 The forty years of wandering in 
the wilderness is characteristic of the Deuteronomic and post-exilic 
narratives ; in the earlier sources the fruitful oasis of Kadesh is the 
centre, and even after the tradition of a detour to Sinai-Horeb was 
developed, only a brief period is spent at the holy mountain. 

From Kadesh spies were sent into Palestine, and when the 
people were dismayed at their tidings and incurred the wrath 
of Yahweh, the penally of the forty years' delay was pronounced 

2 Sec, e.g., J. Orr, Problem of the O.T. pp. 422 sqq. ; Ed. Meyer, Die 
Israeliten, pp. 222 sqq. Some, too, find in the Amarna tablets 
the historical background for Joseph's high position at the Egyptian 
court (see Cheyne, Ency. Bib. art. " Joseph "). 

3 For the varying traditions regarding the number of the people 
and their residence (whether settled apart, cf., e.g., Gen. xlvi. 34, 
Ex. viii. 22, ix. 26, x. 23, or in the midst of the Egyptians) see the 
recent commentaries. 

4 See further J. Wellhausen, Prolegomena, PR. 342 sqq.; G. F. 
Moore, Ency. Bib. col. 1443; S. A. Cook, Jew. Quart. Rev. (1906), 
pp. 741 sqq. (1907), p. 122, and art. Moses. Ex. xiii. 17-19 forbids 
the compromise which would place Sinai-Horeb in the neighbour- 
hood of Kadesh (A. E. Hayncs, Pal. Explor. Fund, Quart. Statem. 
(1896), pp. 175 sqq.; C. F. Kent [see Lit. below], p. 381). 



EXOGAMY 



79 



(Num. xiii. seq.). Originally Caleb alone was exempt and for 
his faith received a blessing; later tradition adds Joshua and 
in Deut. i. 37 seq. alludes to some unknown offence of Moses. 
According to Num. xxi. 1-3 the Israelites (a generalizing ampli- 
fication) captured Hormah, on the way to Beersheba, and 
subsequently the clan Caleb and the Kenites (the clan of Moses' 
father-in-law) are found in Judah (Judg. i. 16). Although the 
traditions regard their efforts as part of a common movement 
(from Gilgal, see below) , it is more probable that these (notably 
Caleb) escaped the punishment which befell the rest of the 
Israelites, and made their way direct from Kadesh into the 
south of Palestine. 1 On the other hand, according to the pre- 
vailing tradition, the attempt to break northwards was frustrated 
by a defeat at Hormah (Num. xiv. 40-45), an endeavour to pass 
Edom failed, and the people turned back to the Yam Silph (here 
at the head of the Gulf of Akabah) and proceeded up to the 
east of Edom and Moab. Conflicting views are represented (on 
which see Moab), but at length Shittim was reached and pre- 
parations were made to cross the Jordan into the promised land. 
This having been effected, Gilgal became the base for a series of 
operations in which the united tribes took part. But again the 
representations disagree, and to the overwhelming campaigns 
depicted in the book of Joshua most critics prefer the account 
of the more gradual process as related in the opening chapter of 
the book of Judges (see Jews: History, § 8). 

Thus, whatever evidence may be supplied by archaeological 
research, the problem of the Exodus must always be studied in 
the light of the biblical narratives. That the religious life of 
Israel as portrayed therein dates from this remote period cannot 
be maintained against the results of excavation or against the 
later history, nor can we picture a united people in the desert 
when subsequent vicissitudes represent the union as the work of 
many years, and show that it lasted for a short time only under 
David and Solomon. During the centuries in which the narratives 
were taking shape many profound changes occurred to affect 
the traditions. Developments associated with the Deuteronomic 
reform and the reorganization of Judaism in post-exilic days 
can be unmistakably recognized, and it would be unsafe to 
assume that other vicissitudes have not also left their mark. 
Allowance must be made for the shifting of boundaries or of 
spheres of influence (Egypt, Edom, Moab), for the incorporation 
of tribes and of their own tribal traditions, and in particular 
for other movements {e.g. from Arabia). 2 If certain clans 
moved direct from Kadesh into Judah, it is improbable that 
others made the lengthy detour from Kadesh by the Gulf of 
Akabah, but this may Well be an attempt to fuse the traditions 
of two distinct migrations. Among the Joseph-tribes (Ephraim 
and Manasseh), the most important of Israelite divisions, the 
traditions of an ancestor who had lived and died in Egypt 
would be a cherished possession, but although most writers 
agree that not all the tribes were in Egypt, it is impossible to 
determine their number with any certainty. At certain 
periods, intercourse with Egypt was especially intimate, and 
there is much in favour of the view that the name Mizraim 
(Egypt) extended beyond the borders of Egypt proper. Refer- 
ence has already been made to other cases of geographical 
vagueness, and one must recognize that in a body of traditions 
such as this there was room for the inclusion of the most diverse 
elements which it is almost hopeless to separate, in view of the 
scantiness of relevant evidence from other sources, and the 
literary intricacy of the extant narratives. That many different 
beliefs have influenced the tradition is apparent from what has 
been said above, and is especially noticeable from a study of the 
general features. Thus, although the Israelites possessed cattle 
(Ex. xvii. 3, xix. 13, xxiv. 5, xxxii. 6, xxxiv. 3; Num. xx. 19), 
allusion is made to their lack of meat in order to magnify the 
wonders of the journey, and among divinely sent aids to guide 

1 So B. Stade, Steuernagel, Guthe, G. F. Moore, H. P. Smith, 
C. F. Kent, &c. See Caleb; Jerahmeel; Judah; Kenites; 
Levites; and Jews: History, §§ 5, 20 (end). 

2 An instructive parallel to the last-mentioned is afforded by 
Dissard's account of the migration of Arab tribes into Palestine in 
the 18th century A.D. {Revue biblique, July 1905). 



and direct the people upon the march not only does Moses 
require the assistance of a human helper (Jethro or Hobab), 
but the angel, the ark, the pillar of cloud and of fire and the 
mysterious hornet are also provided. 

In addition to the references already given, see J. W. Colenso, 
Pentateuch and Book of Joshua (on internal difficulties) ; A. Jeremias, 
Alte Test, im Lichte d. alt. Orients 2 (pp. 402' sqq., on later references 
in Manetho, &c, with which cf. also R. H. Charles, Jubilees, p. 
245 seq.); art. "Exodus" in Ency. Bib.; Ed. Meyer, Israeliten 
{passim); Bonhoff, Theolog. Stud. u. Krit. (1907), pp. 159-217; 
the histories of Israel and commentaries on the book of Exodus. 
Among the numerous special works, mention may be made of 
G. Ebers, Durch Cosen zum Sinai; E. H. Palmer, Desert of the 
Exodus; O. A. Toffteen, The Historic Exodus; fuller information is 
given in L. B. Paton, Hist, of Syria and Palestine, p. 34 (also ch. viii.) ; 
and C. F. Kent, Beginnings of Heb. Hist. p. 355 seq. (S. A. C.) 

EXOGAMY (Gr. e£a>, outside; and -ydjuos, marriage), the term 
proposed by J. F. McLennan for the custom compelling marriage 
" out of the tribe " (or rather " out of the totem ") ; its converse 
is endogamy {q.v.). McLennan would find an explanation of 
exogamy in the prevalence of female infanticide, which, " render- 
ing women scarce, led at once to polyandry within the tribe, 
and the capturing of women from without." Infanticide of 
girls is, and no doubt ever has been, a very common practice 
among savages, and for obvious reasons. Among tribes in a 
primitive stage of social organization girl-children must always 
have been a hindrance and a source of weakness. They had to be 
fed and yet they could not take part in the hunt for food, and they 
offered a temptation to ne^hbouring tribes. Infanticide, how- 
ever, is not proved to have been so universal as McLennan 
suggests, and it is more probable that the reason of exogamy is 
really to be found in that primitive social system which made 
the " captured " woman the only wife in the modern sense of 
the term. In the beginnings of human society children were 
related only to their mother; and the women of a tribe were 
common property. Thus no man might appropriate any female 
or attempt to maintain proprietary rights over her. With women 
of other tribes it would be different, and a warrior who captured 
a woman would doubtless pass unchallenged in his claim to 
possess her absolutely. Infanticide, the evil physical effects of 
" in-and-in " breeding, the natural strength of the impulse to 
possess on the man's part, and the greater feeling of security 
and a tendency to family life and affections on the woman's, 
would combine to make exogamy increase and marriages within 
the tribe decrease. A natural impulse Would in a few generations 
tend to become a law or a custom, the violation of which would be 
looked on with horror. Physical capture, too, as soon as in- 
creasing civilization and tribal intercommunication removed the 
necessity for violence, became symbolic of the more permanent 
and individual relations of the sexes. An additional explanation 
of the prevalence of exogamy may be found in the natural 
tendency of exogamous tribes to increase in numbers and 
strength at the expense of those communities which moved 
towards decadence by in-breeding. Thus tradition would 
harden into a prejudice, strong as a principle of religion, and 
exogamy would become the inviolable custom it is found to be 
among many races. In Australia, Sir G. Grey writes: " One 
of the most remarkable facts connected with the natives is that 
they are divided into certain great families, all the members of 
which bear the same name . . . these family names are common 
over a great portion of the continent and a man cannot marry 
a woman of his own family name." In eastern Africa, Sir R. 
Burton says: " The Somal will not marry one of the same, or 
even of a consanguineous family," and the Bakalahari have the 
same rule. Paul B. du Chaillu found exogamy the rule and blood 
marriages regarded as an abomination throughout western 
Equatorial Africa. In India the Khasias, Juangs, Waralis, 
Ofaons, Hos and other tribes are strictly exogamous. The 
Kalmucks are divided into hordes, and no man may marry a 
woman of the same horde. Circassians and Samoyedes have 
similar rules. The Ostiaks regard endogamy (marriage within 
the clan) as a crime, as do the Yakuts of Siberia. Among 
the Indians of America severe rules prescribing exogamy prevail. 
The Tsimsheean Indians of British Columbia are divided into 



8o 



EXORCISM— EXPERT 



tribes and totems, or " crests which are common to all the tribes," 
says one writer. " The crests are the whale, the porpoise, the 
eagle, the coon, the wolf and the frog. . . . The relationship 
existing between persons of the same crest is nearer than that 
between members of the same tribe. . . . Members of the same 
tribe may marry, but those of the same crest are not allowed to 
under any circumstances; that is, a whale may not marry a 
whale, but a whale may marry a frog, &c." : The Thlinkeets, 
the Mayas of Yucatan and the Indians of Guiana are exogamous, 
observing a custom which is thus seen to exist throughout Africa, 
in Siberia, China, India, Polynesia and the Americas. 

Authorities. — J. F. McLennan, Primitive Marriage (1865), and 
Studies in Anc. Hist. (1896); Lord Avebury, Origin of Civilisation 
(1902) ; Westermarck, History of Human Marriage (1894) ; A. Lang, 
Social Origins (1903); L. H. Morgan, Ancient Society (1877); J. G. 
Frazer, Totemism and Exogamy (1910) ; see also Totem. 

EXORCISM (Gr. e£op/dfe«', to conjure out), the expulsion 
of evil spirits from persons or places by incantations, magical 
rites or other means. As a corollary of the animistic theory of 
diseases and of belief in Possession {q.v.), we find widely spread 
customs whose object is to get rid of tne evil influen:es. These 
customs may take the form of a general expulsion of evils, 
either once a year or at irregular intervals; the evils, which are 
often regarded as spirits, sometimes as the souls of the dead, 
may be expelled, according to primitive philosophy, either 
immediately by spells, purifications or some form of coercion; 
or they may be put on the back of a^capegoat or other material 
vehicle. Among the means of compelling the evil spirits are 
assaults with warlike weapons or sticks, the noise of musical 
instruments or of the human voice, the use of masks, the invoca- 
tion of more powerful good spirits, &c. ; both fire and water are 
used to drive them out, and the use of iron is a common means 
of holding them at bay. 

The term exorcism is applied more especially to the freeing 
of an individual from a possessing or disease-causing spirit; 
the means adopted are frequently the same as those mentioned 
above; in the East Indies the sufferer sometimes dances round 
a small ship, into which the spirit passes and is then set adrift. 
The patient may be beaten or means may be employed whose 
efficiency depends largely on their suggestive nature. Among 
the Dakota Indians the medicine-man chants hi-le-li-lahl at the 
bed of the sick man and accompanies his chant with the rattle; 
he then sucks at the affected part till the possessing spirit is 
supposed to come out and take its flight, when men fire guns at it 
from the door of the tent. The Zulus believe that they can get rid 
of the souls of the dead, which cause diseases, by sacrifices of 
cattle, or by expostulating with the spirits; so too the shaman or 
magician in other parts of the world offers the possessing spirit 
objects or animals. 

The professional exorcist was known among the Jews; in 
Greece the art was practised by women, and it is recorded that 
the mothers of Epicurus and Aeschines belonged to this class; 
both were bitterly reproached, the one by the Stoics, the other 
by Demosthenes, with having taken part in the practices in 
question. The prominence of exorcism in the early ages of the 
Christian church appears from its frequent mention in the 
writings of the fathers, and by the 3rd century there was an order 
of exorcists (see Exorcist). The ancient rite of exorcism in 
connexion with baptism is still retained in the Roman ritual, as 
is also a form of service for the exorcising of possessed persons. 
The exorcist signs the possessed person with the figure of the \ 
cross, desires him to kneel, and sprinkles him with holy water; ' 
after which the exorcist asks the devil his name, and abjures him 
by the holy mysteries of the Christian religion not to afflict the 
person possessed any more. Then, laying his right hand on the 
demoniac's head, he repeats the form of exorcism as follows: 
" I exorcise thee, unclean spirit, in the name of Jesus Christ; 
tremble, O Satan, thou enemy of the faith, thou foe of mankind, 
who hast brought death into the world, who hast deprived men 
of life, and hast rebelled against justice, thou seducer of mankind, 
thou root of evil, thou source of avarice, discord and envy." 
Houses and other places supposed to be haunted by unclean 



spirits are likewise to be exorcised with similar rites, and in general 
exorcism has a place in all the ceremonies for consecrating and 
blessing persons or things (see Benediction). 

See Tylor, Primitive Culture; Skeat, Malay Magic, p. 427 seq.; 
Frazer, Golden Bough, vol. iii. 189; Krafft, Ausfuhrliche Historie von 
Exorcismus; Koldeweg, Der Exorcismus im Herzogthum Braun- 
schweig ; Brecher, Das Transcendentale, Magie, etc. im Talmud, pp. 195- 
203: Zeitschr. fur Assyriologie (Dec. 1893, April" 1894); Herzog, 
Realencykl., s.v. "Exorcismus"; Waldmeier, Autobiography, p. 
64; L. W. King, Babylonian Magic; Maury, La Magie; R. C. 
Thompson, Devils and Evil Spirits of Babylonia. 

EXORCIST (Lat. exorcista, Gr. eijop/acmjs), in the Roman 
Catholic church, the third grade in the minor orders of the clergy, 
between those of acolyte and reader. The office, which involves 
the right of ceremonially exorcising devils (see Exorcism), is 
actually no more than a preliminary stage of the priesthood. 
The earliest record of the special ordination of exorcists is the 
7th canon of the council of Carthage (a.d. 256). " When they 
are ordained," it runs, " they receive from the hand of the 
bishop a little book in which the exorcisms are written, receiving 
power to lay hands on the energumeni, whether baptized or cate- 
chumens." Whatever its present position, the office of exorcist 
was, until comparatively recent times, by no means considered 
a sinecure. " The exorcist a terror to demons " (Paulinus, 
Epist. 24) survived the Reformation among Protestants, with 
the belief, expressed by Firmilianus in his epistle to St Cyprian, 
that " through the exorcists, by the voice of man and the power 
of God, the devil may be whipped, and burnt and tortured." 

EXOTIC (Gr. e|coruc6s, foreign, from e£a>, outside), of 
foreign origin, or belonging to another country. The term is 
now used in the restricted sense of something not indigenous 
or native, and is mostly applied to plants introduced from 
foreign countries, which have not become acclimatized. Figura- 
tively, " exotic "is used to convey the sense of something rare, 
delicate or extravagant. 

EXPATRIATION (from Late Lat. expatriare, to exile, and 
palria, native land) : , a term used in a general sense for the banish- 
ment of a person from his own country. In international 
law expatriation is the renunciation or change of- allegiance to 
one's native or adopted country. It may take place either by a 
voluntary act or by operation of law. Some countries, as France 
and England, disclaim their subjects if they become naturalized 
in another country, others, again, passively permit expatriation 
whether a new nationality has been acquired or not; others, 
as Germany, make expatriation the consequence of continued 
absence from their territory. (See Alien; Allegiance; 
Naturalization.) 

EXPERT (Lat. expertus, from experiri, to try), strictly, 
skilled, or one who has special knowledge; as used in law, an 
expert is a person, selected by a court, or adduced by a party 
to a cause, to give his opinion on some point in issue with which 
he is peculiarly conversant. In Roman law questions of dis- 
puted handwriting were referred to experts; and in France, 
whenever the court considers that a report by experts is necessary, 
it is ordered by a judgment clearly setting forth the objects of 
the expertise (Code Proc. Civ. art. 302). Three experts are then 
to be appointed, unless the parties agree upon one only (art. 
303). The experts are required to take an oath (art. 305), but 
in practice this requirement is frequently dispensed with. They 
may be challenged on the same grounds as witnesses (art. 310). 
The necessary documentary and other evidence is laid before 
them (art. 317), and they make a single report to the court, even 
if they express different opinions: in that case the grounds only 
of the different opinions are to be stated, and not the personal 
opinion of each of the experts (art. 318). If the court is not 
satisfied with the report, new experts may be appointed (art. 
322); the judges are not bound to adopt the opinion of the 
experts (art. 323). " This procedure in regard to experts is 
common to both the civil and commercial courts, but it is much 
more frequently resorted to in the commercial court than in 
the civil court, and the investigation is usually conducted by 
special experts officially attached to each of these courts " 
(Bodington, French Law of Evidence, London, 1904, p. 102). 



EXPLOSIVES 



8-i 



A similar system is to be found in force in many other European 
countries; see e.g. Codes of Civil Procedure of Holland, arts. 
222 et seq.; Belgium, arts. 302 et seq.; Italy, arts. 252 etseq.; 
as well as in those colonies where French law has been followed 
(Codes of Civil Procedure of Quebec, arts. 392 et seq.; St Lucia, 
arts. 286 et seq.). In Mauritius the articles of the French law, 
summarized above, are still nominally in force; but in practice 
each side calls its own expert evidence, as in England. 

There is some evidence that in England the courts were in early 
times in the habit of ; ummoning to their assistance, apparently 
as assessors, persons specially qualified to advise upon any 
scientific or technical question that required to be determined. 
Thus " in an appeal of maihem (i.e. wounding) . . . the court 
did not know how to adjudge because the wound was new, and 
then the defendant took issue and prayed the court that the 
maihem might be examined, on which a writ was sent to the 
sheriff to cause to come medicos chirurgieos de melioribus London, 
ad informandum dominum regent el curiam de his quae eis ex parte 
domini regis injungerentur (Year Book, 21 Hen. VII. pi. 30, 
p. 33). The practice ,of calling in expert assistance in judicial 
inquiries was not confined to medico-legal cases. " If matters 
arise," said Justice Saunders in Buckley v. Rice Thomas (1554, 
Plowden, 124 a), " which concern other faculties, we commonly 
apply for the aid of that science or faculty which it concerns." 
English procedure, however, being litigious, and not, like 
continental European procedure, inquisitorial, in its character, 
the expert soon became, and still is, simply a witness to speak 
to matters of opinion. 

There is a considerable body of law in England as to expert 
evidence. Only a few points can be touched upon here. (1) 
An expert is permitted to refresh his memory in regard to any 
fact by referring to anything written by himself or under his 
direction at the time when the fact occurred or at a time when 
it was fresh in his memory. This is also law generally in the 
United States (see e.g. New York Civil Code, s. 1843). In 
Scotland, medical and other scientific reports are lodged in 
process before the trial, and the witness reads them as part of his 
evidence and is liable to be examined or cross-examined on their 
contents. (2) In strictness, an expert will not be allowed, in 
cases of alleged insanity, to say that a litigating or incriminated 
party is insane or the reverse, and so to usurp the prerogative 
of the court or jury. But he may be asked whether certain facts 
or symptoms, assuming them to he proved, are or are not indicative 
of insanity. But in practice this rule is relaxed both in England 
and in Scotland, and (where it exists) to a still greater extent in 
America. (3) Foreign law can only be proved in English 
courts — and the same rule applies in Scotland — (a) by obtaining 
an opinion on the subject from a superior court of the country 
whose laws are in dispute under the Foreign Law Ascertainment 
Act 1861 or the British Law Ascertainment Act 1859, or (b) by 
the evidence of a lawyer of the country whose law is in question, 
or who has studied it in that country, or of an official whose 
position requires, and therefore presumes, a sufficient knowledge 
of that law. (4) The weightof authority both in England and in 
America supports the view that an expert is not bound to give 
evidence as to matters of opinion unless upon an undertaking 
by the party calling him to pay a reasonable remuneration for 
his evidence. 

Statutory provision has been made in England for the summon- 
ing of expert assistance by the legal tribunals in various cases. 
In the county courts the judge may, if he thinks fit, on the 
application of either party, call in as assessor one or more persons 
of skill and experience as to the matters in dispute (County 
Courts Act 1888, s. 103), and special provision is made for 
calling in an assessor in employers' liability cases (act of 1880, 
s. 6) and admiralty matters (see County Courts Admiralty 
Jurisdiction Acts of 1868 and 1869). In the High Court and 
court of appeal one or more specially qualified assessors may be 
called in to assist in the hearing of any cause or matter except a 
criminal proceeding by the crown (Judicature Acts 1873, s. 56), 
and a like power is given to both these courts and the judicial 
committee of the privy council in patent cases (Patents, &c, Act 



1883,5. 28). Maritime causes, whether original or on appeal from 
county courts, are usually taken in the presence of Elder Brethren 
of the Trinity House, who advise the judge without having any 
right to control or any responsibility for his decision (see the 
"Beryl," 1884, 9 P.D. 1), and on appeal in maritime causes 
nautical assessories are usually called in by the court of appeal, 
and may be called in by the House of Lords (Judicature Act 
1 89 1, s. 3); a like provision is made as to maritime causes 
in Scottish courts (Nautical Assessors [Scotland] Act 1894). 
The judicial committee of the privy council, besides its power 
to call in assessors in patent cases, is authorized to call them 
in in ecclesiastical causes (Appellate Jurisdiction Act 1876, s. 14). 

In addition to the authorities cited in the text, see Taylor, Law of 
Evidence (9th ed., London, 1895) ; J. D. Lawson, Law of Expert and 
Opinion Evidence (1900). 

EXPLOSIVES, a general term for substances which by certain 
treatment " explode," i.e. decompose or change in a violent 
manner so as to generate force. From the manner and degree of 
violence of the decomposition they are classified into " pro- 
pellants " and '" detonators," but this classification is not capable 
of sharp delimitation. In some cases the same substance may be 
employed for either purpose under altered external conditions; 
but there are some substances which could not possibly be em- 
ployed as propellants, and others which can scarcely be induced 
to explode in the manner known as " detonation." A propellant 
may be considered as a substance that on explosion produces 
such a disturbance that neighbouring substances are thrown 
to some distance; a detonator or disruptor may produce an 
extremely violent disturbance within a limited area without 
projecting substances to any great distance. Time is an im- 
portant, perhaps the most important, factor in this action. A 
propellant generally acts by burning in 'a more or less rapid and 
regular manner, producing from a comparatively small volume 
a large volume of gases; during this action heat is also developed, 
which, being expended mostly on the gaseous products, causes 
a further expansion. The noise accompanying an explosion is 
due to an air wave, and is markedly different in the case of 
a detonator from a real propellant. Some cases of ordinary 
combustion can be accelerated into explosions by increasing the 
area of contact between the combustible and the oxygen supplier, 
for instance, ordinary gas or dust explosions. Neither tempera- 
ture nor quantity of heat energy necessarily gives an explosive 
action. Some metals, e.g. aluminium and magnesium, will, 
in oxidizing, produce a great thermal effect, but unless there be 
some gaseous products no real explosive action. 

Explosives may be mechanical mixtures of substances capable 
of chemical interaction with the production of large volumes of 
gases, or definite chemical compounds of a peculiar class known 
as " endothermic," the decomposition of which is also attended 
with the evolution of gases in large quantity. 

All chemical compounds are either "endothermic" or "exo- 
thermic." In endothermic compounds energy, in some form, has 
been taken up in the act of formation of the compound. Some of 
this energy has become potential, or rather the compound formed 
has been raised to a higher potential. This case occurs when two 
elements can be united only under some compulsion such as a very 
high temperature, by the aid of an electric current, or spark, or as a 
secondary product whilst some other reactions are proceeding. 
For example, oxygen and nitrogen combine only under the influence 
of an electric spark, and carbon and calcium in the electric furnace. 
The formation of chlorates by the action of chlorine on boiling potash 
is a good instance of a complex compound (potassium chlorate), 
being formed in small quantity as a secondary product whilst a 
large quantity of primary and simpler products (potassium chloride 
and water) is forming. In chlorate formation the greater part of the 
reaction represents a running down of energy and formation of 
exothermic compounds, with only a small yield of an endothermic 
substance. Another idea of the meaning of endothermic is obtained 
from acetylene. When 26 parts by weight of this substance are 
burnt, the heat produced will warm up 310,450 parts of water i°C. 
Acetylene consists of 24 parts of carbon and 2 of hydrogen by weight. 
The 24 parts of carbon will, if in the form of pure charcoal, heat 
192,000 parts of water 1°, and the 2 parts of hydrogen will heat 
68,000 parts of water 1°, the total heat production being 260,000 
heat units. Thus 26 grams of acetylene give an excess of 50,450 
units over the amount given by the constituents. This excess of 



82 



EXPLOSIVES 



heat energy 1 is due to some form of potential energy in the com- 
pound which becomes actual heat energy at the moment of dis- 
solution of the chemical union. The manner in which a substance 
is endothermic is of importance as regards the practical employment 
of explosives. Some particular endothermic state or form results 
from the mode of formation and the consequent internal structure 
of the molecule. Physical structure alone can be the cause of a 
relative endothermic state, as in the glass bulbs known as Rupert's 
drops, &c, or even in chilled steel. Rupert's drops fly in pieces 
on being scratched or cut to a certain depth. The cause is un- 
doubtedly to be ascribed to the molecular state of the glass brought 
about by chilling from the melted state. The molecules have not 
had time to separate or arrange themselves in easy positions. In 
steel when melted the carbide of iron is no doubt diffused equally 
throughout the liquid. When cooled slowly some carbide separates 
out more or less, and the steel is soft or annealed. When chilled 
the carbides are retained in solid solution. The volume of chilled 
glass or steel differs slightly from that in the annealed state. 

Superfused substances are probably in a similar state of physical 
potential or strain. Many metallic salts, and organic compounds 
especially, will exhibit this state when completely melted and then 
allowed to cool in a clean atmosphere. On touching with a little 
of the same substance in a solid state the liquids will begin to 
crystallize, at the same time becoming heated almost up to their 
melting-points. The metal gallium shows this excellently well, 
keeping liquid for years until touched with the solid metal, when 
there is a considerable rise of temperature as solidification takes 
place. 

All carbon compounds, excepting carbon dioxide, and many if 
not all compounds of nitrogen, are endothermic. Most of the ex- 
plosives in common use contain nitrogen in some form. 

Exothermic compounds are in a certain sense the reverse of 
endothermic; they are relatively inert and react but slowly or not 
at all, unless energy be expended upon them from outside. Water, 
carbon dioxide and most of the common minerals belong to this 
class. 

The explosives actually employed at the present time include 
mixtures, such as gunpowders and some chlorate compositions, 
the ingredients of which separately may be non-explosive; 
compounds used singly, as guncotton, nitroglycerin (in the form 
of dynamite), picric acid (as lyddite or melinite), trinitrotoluene, 
nitrocresols, mercury fulminate, &c; combinations of some 
explosive compounds, such as cordite and the smokeless pro- 
pellants in general use for military purposes; and, finally, 
blasting and detonating or igniting compositions, some of 
which contain inert diluting materials as well as one or more 
high explosives. Many igniting compositions are examples 
of the last type, consisting of a high explosive diluted with a 
neutral substance, and frequently containing in addition a 
composition which is inflamed by the explosion of the diluted 
high explosive, the flame in turn igniting the actual propellant. 

Explosive Mixtures. — The explosive mixture longest known 
is undoubtedly gunpowder (q.v.) in some form — that is, a mixture 
of charcoal with sulphur and nitre, the last being the oxygen 
provider. Besides the nitrates of metals and ammonium nitrate, 
there is a limited number of other substances capable of serving 
in a sufficiently energetic manner as oxygen providers. A few 
chlorates, perchlorates, permanganates and chromates almost 
complete the list. Of these the sodium, potassium and barium 
chlorates are best known and have been actually tried, in 
admixture with some combustible substances, as practical ex- 
plosives. Most other metallic chlorates are barred from prac- 
tical employment owing to instability, deliquescence or other 
property. 

Of -the chlorates those of potassium and sodium are the most 
stable, and mixtures of either of these salts with sulphur or 
sulphides, phosphorus, charcoal, sugar, starch, finely-ground 
cellulose, coal or almost any kind of organic, i.e. carbon, com- 
pound, in certain proportions, yield an explosive mixture. 
In many cases these mixtures are not only fired or exploded by 
heating to a certain temperature, but also by quite moderate 
friction or percussion. Consequently there is much danger in 
manufacture and storage, and however these mixtures have 
been made up, they are quite out of the question as propellants on 
account of their great tendency to explode in the manner of a 
detonator. In addition they are not smokeless, and leave a 

1 Not necessarily heat energy entirely. A number of substances 
— acetylides and some nitrogen compounds, such as nitrogen chloride 
- — decompose with extreme violence, but little heat is produced. 



considerable residue which in a gun would produce serious 
fouling. 

Mixtures of chlorates with aromatic compounds such as the 
nitro- or dinitro-benzenes or even naphthalene make very 
powerful blasting agents. The violent action of a chlorate 
mixture is due first to the rapid evolution of oxygen, and also 
to the fact that a chlorate can be detonated when alone. A 
drop of sulphuric acid will start the combustion of a chlorate 
mixture. In admixture with sulphur, sulphides and especially 
phosphorus, chlorates give extremely sensitive compositions, 
some of which form the basis of friction tube and firing mixtures. 

Potassium and sodium perchlorates and permanganates 
make similar but slightly less sensitive explosive mixtures with 
the above-mentioned substances. Finely divided metals such as 
aluminium or magnesium give also with permanganates, chlorates 
or perchlorates sensitive and powerful explosives. Bichromates, 
although containing much available oxygen, form but feeble 
explosive mixtures, but some compounds of chromic acid with 
diazo compounds and some acetylides are extremely powerful 
as well as sensitive. Ammonium bichromate is a self-com- 
bustible after the type of ammonium nitrate, but scarcely an 
explosive. 

Explosive Compounds. — Nearly all the explosive compounds 
in actual use either for blasting purposes or as propellants are 
nitrogen compounds, and are obtained more or less directly from 
nitric acid. Most of the propellants at present employed consist 
essentially of nitrates of some organic compound, and may be 
viewed theoretically as nitric acid, the hydrogen of which has 
been replaced by a carbon complex; such compounds are 
expressed by M-0-N0 2 , which indicates that the carbon group 
is in some manner united by means of oxygen to the nitrogen 
group. Guncotton and nitroglycerin are of this class. Another 
large class of explosives is formed by a more direct attachment 
of nitrogen to the carbon complex, as represented by M-N0 2 . 
A number of explosives of the detonating type are of this class. 
They contain the same proportions of oxygen and nitrogen as 
nitrites, but are not nitrites. They have been termed nitro- 
derivatives for distinction. One of the simplest and longest- 
known members of this group is nitrobenzene, C 6 H 5 N0 2 , which 
is employed to some extent as an explosive, being one ingredient 
in rack-a-rock and other blasting compositions. The dinitro- 
benzenes, C 6 H 4 (N02)2, made from it are solids which are some- 
what extensively employed as constituents of some sporting 
powders, and in admixture with ammonium nitrate form a blast- 
ing powder of a " nameless " variety which is comparatively 
safe in dusty or "gassy" coal seams. 

Picric acid or trinitrophenol, C 6 H 2 -OH-(N0 2 ) s is employed 
as a high explosive for shell, &c. It requires, however, either to 
be enclosed and heated, or to be started by a powerful detonator 
to develop its full effect. Its compounds with metals, such as 
the potassium salt, C 6 H 2 -OK-(N0 2 ) 3 , are when dry very easily 
detonated by friction or percussion and always on heating, 
whereas picric acid itself will burn very quietly when set fire 
to under ordinary conditions. Trinitrotoluene, C6H 2 -CH 3 -(N0 2 ) 3 , 
is a high explosive resembling picric acid in the manner of its ex- 
plosion (to which in fact it is a rival), but differs therefrom in not 
forming salts with metals. The nitronaphthols, Ci H 6 -OH-NO 2 , 
and higher nitration products may be counted in the list. Their 
salts with metals behave much li^e the picrates. 

All these nitro compounds can be reduced by the action of 
nascent hydrogen to substances called amines {q.v.), which are 
not always explosive in themselves, but in some cases can form 
nitrates of a self-combustible nature. Aminoacetic acid, for 
instance, will form a nitrate which burns rapidly but quietly, and 
might be employed as an explosive. By the action of nitrous acid 
at low temperatures on aromatic amines, e.g. aniline, C6H 5 NH 2 , 
diazo compounds are produced. These are all highly explosive, 
and when in a dry state are for the most part also extremely 
sensitive to friction, percussion or heat. As many of these diazo 
compounds contain no oxygen their explosive nature must be 
ascribed to the peculiar state of union of the nitrogen. This 
state is attempted to be shown by the formulae such as, for 



EXPLOSIVES 



83 



instance, CeHs-N^N-X, which maybe some compound of diazo- 
benzene. Probably the most vigorous high explosive at present 
known is the substance called hydrazoic acid or azoimide (q.v.). 
It forms salts with metals such as AgN 3 , which explode in a 
peculiar manner. The ammonium compound, NH4N3, may 
become a practical explosive of great value. 

Mercuric fulminate, HgC2N 2 2 , is one of the most useful 
high explosives known. It is formed by the action of a solution 
of mercurous nitrate, containing some nitrous acid, on alcohol. 
It is a white crystalline substance almost insoluble in cold water 
and requiring 130 times its weight of boiling water for solution. 
It may be heated to 180° C. before exploding, and the explosion 
so brought about is much milder than that produced by per- 
cussion. It forms the principal ingredient in cap compositions, 
in many fuses and in detonators. In many of these compositions 
the fulminate is diluted by mixture with certain quantities of 
inert powders so that its sensitiveness to friction or percussion 
is just so much lowered, or slowed down, that it will fire another 
mixture capable of burning with a hot flame. For detonating 
dynamite, guncotton, &c, it is generally employed without 
admixture of a diluent. 

Smokeless Propellants. — Gunpowders and all other explosive 
mixtures or compounds containing metallic salts must form 
smoke on combustion. The solids produced by the resolution 
of the compounds are in an extremely finely-divided state, and on 
being ejected into the atmosphere become more or less attached 
to water vapour, which is so precipitated, and consequently adds 
to the smoke. The simplest examples of propellants of the smoke- 
less class are compressed gases. Compressed air was the pro- 
pellant for the Zalinski dynamite gun. Liquefied carbon dioxide 
has also been proposed and used to a slight extent with the same 
idea. It is scarcely practical, however, because when a quantity 
of a gas liquefied by pressure passes back again into the gaseous 
state, there is a great absorption of heat, and any remaining 
liquid, and the containing vessel, are considerably cooled. Steam 
guns were tried in the American Civil War in 1864; but a steam 
gun is not smokeless, for the steam escaping from the long tube 
or gun immediately condenses on expansion, forming white mist 
or smoke. 

At the earliest stage of the development of guncotton the 
advantage of its smokeless combustion was fully appreciated 
(see Guncotton). That it did not at once take its position 
as the smokeless propellant, was simply due to its physical 
state — a fibrous porous mass — which burnt too quickly or even 
detonated under the pressure required in fire-arms of any kind. 
In the early eighties of the 19th century it was found that several 
substances would partly dissolve or at least gelatinize guncotton, 
and the moment when guncotton proper was obtained as a 
colloid or jelly was the real start in the matter of smokeless 
propellants. 

Guncotton is converted into a gelatinous form by several 
substances, such as esters, e.g. ethyl acetate or benzoate, acetone 
and other ketones, and many benzene compounds, most of which 
are volatile liquids. On contact with the guncotton a jelly is 
formed which stiffens as the evaporation of the gelatinizing 
agent proceeds, and finally hardens when the evaporation is 
complete. Whilst in a stiff pasty state it may be cut, moulded 
or pressed into any desired shape without any danger of ignition. 
In fact guncotton in the colloid state may be hammered on an 
anvil, and, as a rule, only the portion struck will detonate or fire. 
Guncotton alone makes a very hard and somewhat brittle mass 
after treatment with the gelatinizing agent and complete drying, 
and small quantities of camphor, vaseline, castor oil and other 
substances are incorporated with the gelatinous guncotton to 
moderate this hard and brittle state. 

All the smokeless powders, of which gelatinized guncottons 
or nitrated celluloses are the base, are moulded into some con- 
veniently shaped grain, e.g. tubes, cords, rods, disks or tablets, 
so that the rate of burning may be controlled as desired. The 
Vieille powder, invented in 1887 and adopted in France for a 
magazine rifle, consisted of 'gelatinized guncotton with a little 
picric acid. Later a mixture of two varieties of guncotton 



gelatinized together was used. In addition to guncottons other 
explosive or non-explosive substances are contained in some of 
these powders. Guncotton alone in the colloid state burns very 
slowly if in moderate-sized pieces, and when subdivided or made 
into thin rods or strips it is still very mild as an explosive, partly 
from a chemical reason, viz. there is not sufficient oxygen in it 
to burn the carbon to dioxide. Many mixtures are consequently 
in use, and many more have been proposed, which contain some 
metallic salt capable of supplying oxygen, such as barium or 
ammonium nitrate, &c, the idea being to accelerate the rate of 
burning of the guncotton and if possible avoid the production 
of smoke. 

The discovery by A. Nobel that nitroglycerin could be incor- 
porated with collodion cotton to form blasting gelatin (see 
Dynamite) led more or less directly to the invention of ballistite, 
which differs from blasting gelatin only in the relative amounts of 
collodion, or soluble nitrated cotton, and nitroglycerin. Ballis- 
tite was adopted by the Italian government in 1890 as a military 
powder. Very many substances and mixtures have been 
proposed for smokeless powder, but the two substances, gun- 
cotton and nitroglycerin, have for the most part kept the field 
against all other combinations, and for several reasons. Nitro- 
glycerin contains a slight excess of oxygen over that necessary to 
convert the whole of the carbon into carbon dioxide; it burns 
in a more energetic manner than guncotton; the two can be 
incorporated together in any proportion whilst the guncotton 
is in the gelatinous state; also all the liquids which gelatinize 
guncotton dissolve nitroglycerin, and, as these gelatinizing 
liquids evaporate, the nitroglycerin is left entangled in the gun- 
cotton jelly, and then shares more or less its colloidal character. 
In burning the nitroglycerin is protected from detonation by the 
gelatinous state of the guncotton, but still adds to the rate of 
burning and produces a higher temperature. 

Desirable Qualities. — Smokelessness is one only of the desirable 
properties of a propellant. All the present so-called smokeless 
powders produce a little fume or haze, mainly due to the conden- 
sation of the steam which forms one of the combustion products. 
There is often also a little vapour from the substances, such as oils, 
mineral jelly, vaseline or other hydrocarbon added for lubrication or 
to render the finished material pliable, &c. The gases produced 
should neither be very poisonous nor exert a corrosive action on 
metals, &c. The powder itself should have good keeping qualities, 
that is, not be liable to chemical changes within ordinary ranges of 
temperature or in different climates when stored for a few years. 
In these powders slight chemical changes are generally followed by 
noticeable ballistic changes. All the smokeless powders of the 
present day produce some oxide of nitrogen, traces of which hang 
about the gun after firing and change rapidly into nitrous and nitric 
acids. Nitrous acid is particularly objectionable in connexion with 
metals, as it acts as a carrier of oxygen. The fouling from modern 
smokeless powders is a slight deposit of acid grease, and the remedy 
consists in washing out the bore of the piece with an alkaline liquid. 
The castor oil, mineral jelly or camphor, and similar substances 
added to smokeless powders are supposed to act as lubricants to 
some extent. They are not as effective in this respect as mineral 
salts, and the rifling of both small-arms and ordnance using smokeless 
powders is severely gripped by the metal of the projectile. The 
alkaline fouling produced by the black and brown powders acted 
as a preventive of rusting to some extent, as well as a lubricant in 
the bore. 

Danger in Manufacture. — In the case of the old gunpowders, 
the most dangerous manufacturing operation was incorporation. 
With the modern colloid propellants the most dangerous operations 
are the chemical processes in the preparation of nitroglycerin, the 
drying of guncotton, &c. After once the gelatinizing solvent has 
been added, all the mechanical operations can be conducted, practi- 
cally, with perfect safety. This statement appears to be correct for 
all kinds of nitrated cellulose powders, whether mixed with nitro- 
glycerin or other substances. Should they become ignited, which is 
possible by a rise of temperature (to say 180°) or contact with a 
flame, the mixture burns quickly, but does not detonate. 

As a rule naval and military smokeless powders are shaped into 
flakes, cubes, cords or cylinders, with or without longitudinal perfora- 
tions. All the modifications in shape and size are intended to regulate 
the rate of burning. Sporting powders are often coloured for trade 
distinction. Some powders are blackleaded by glazing with pure 
graphite, as is done with black powders. One object of this glazing 
is to prevent the grains or pieces becoming joined by pressure; 
for rods or pieces of some smokeless powders might possibly unite 
under considerable pressure, producing larger pieces and thus 
altering the rate of burning. Most smokeless powders are fairly 



8 4 



EXPRESS 



insensitive to shock. All these gelatinized powders are a little less 
easily ignited than black powders. A slightly different cap com- 
position is required for small-arm cartridges, and cannon cartridges 
generally require a small primer or starter of powdered black gun- 
powder. 

It is desired that a propellant shall produce the maximum velocity 
with the minimum pressure. The pressure should start gently so 
that the inertia of the projectile is overcome without any undue 
local strain on the breech near the powder chamber, and more 
especially that as more and more space is given to the gases by the 
movement of the projectile up the gun to the muzzle, gas should be 
produced with sufficient rapidity to keep the pressure nearly uniform 
or slightly increasing along the bore. The leading idea for im- 
provements in relation to propellants is to obtain the greatest possible 
pressure regularly developed, and at the same time the lowest 
temperatures. (W. R. E. H.) 

Law. — In i860 an act was passed in England " to amend the 
law concerning the making, keeping and carriage of gunpowder 
and compositions of an explosive nature, and concerning the 
manufacture and use of fireworks " (23 & 24 Vict. c. 139), 
whereby previous acts on the same subject were repealed, and 
minute and stringent regulations introduced. Amending acts 
were passed in 1861 and 1862. In 1875 was passed the Ex- 
plosives Act (38 & 39 Vict. c. 17), which repealed the former 
acts, and dealt with the whole subject in a more comprehensive 
manner. This act, containing 122 sections, and applying to 
Scotland and Ireland, as well as to England, constitutes, with 
various orders in council and home office orders, a complete code. 
The act of 1875 was based on the report of a committee of the 
House of Commons, public opinion having been greatly excited 
on the subject by a terrible explosion on the Regent's Canal in 
1874. Explosives are thus defined: (1) Gunpowder, nitro- 
glycerin, dynamite, gun-cotton, blasting powders, fulminate of 
mercury or of other metals, coloured fires, and every other 
substance, whether similar to those above-mentioned or not, 
used or manufactured with a view to produce a practical effect 
by explosion or a pyrotechnic effect, and including (2) fog-signals, 
fireworks, fuses, rockets, percussion caps, detonators, cartridges, 
ammunition of all descriptions, and every adaptation or prepara- 
tion of an explosive as above defined. Part i. deals with gun- 
powder, providing that it shall be manufactured only at factories 
lawfully existing or licensed under the act; that it shall be kept 
(except for private use) only in existing or new magazines or 
stores, or in registered premises, licensed under the act. Private 
persons may keep gunpowder for their own use to the amount of 
thirty pounds. The act also prescribes rules for the proper keep- 
ing of gunpowder on registered premises. Part ii. deals with 
nitro-giycerin and other explosives; part iii. with inspection, 
accidents, search, &c; part iv. contains various supplementary 
provisions. By order in council the term " explosive " may be 
extended to any substance which appears to be specially dangerous 
to life or property by reason of its explosive properties, or to 
any process liable to explosion in the manufacture thereof, and 
the provisions of the act then extend to such substance just as 
if it were included in the term " explosive " in the act. The act 
lays down minute and stringent regulations for the sale of gun- 
powder, restricting the sale thereof in public thoroughfares or 
places, or to any child apparently under the age of thirteen; 
requiring the sale of gunpowder to be in closed packages labelled; 
it also lays down general rules for conveyance, &c. The act also 
gives power by order in council to define, from time to time, the 
composition, quality and character of any explosive, and to 
classify explosives, and such orders in council are frequently 
made including new substances; those in force will be found in 
the Statutory Rules and Orders, tit. " explosive substance." The 
Merchant Shipping Act 1894 imposes restrictions on the carriage 
of dangerous goods in a British or foreign vessel, " dangerous 
goods " meaning aquafortis, vitriol, naphtha, benzine, gunpowder, 
lucifer matches, nitro-glycerin, petroleum and any explosive 
within the meaning of the Explosives Act 1875. The act is 
administered by the home office, and an annual report is pub- 
lished containing the proceedings of the inspectors of explosives 
and an account of the working of the act. Each annual report 
gives a list of explosives at the time authorized for manufacture 



or importation, and appendices containing information as tr> 
accidents, experiments, &c. 

Practically every European country has legislated on the line: 
of the English act of 1875, Austria taking the lead, in 1877, with 
an explosives ordinance almost identical with the English act. 
The United States and the various English colonies also have 
explosives acts regulating the manufacture, storage and importa- 
tion of explosives. (See also Petroleum.) (T. A. I.) 

Bibliography. — M. Berthelot, Sur la force des matieres explosives 
(Paris, 1883); P. F. Chalon, Les Explosifs modernes (Paris, 1886); 
W. H. Wardell, Handbook of Gunpowder and Guncotton (London, 
1888); J. P. Cundill, A Dictionary of Explosives (London, 1889 and 
1897) ; M. Eissler, A Handbook of Modern Explosives (London, 1896, 
new ed. 1903); J. A. Longridge, Smokeless Powder and its Influence 
on Gun Construction (London, 1890) ; C. Napier Hake and W. 
Macnab, Explosives and their Power (London, 1892); G. Coralys, 
Les Explosifs (Paris, 1893); A. Ponteaux, La Poudre sans f unite 
et les poudres anciennes (Paris, 1893) ; F. Salvati, Vocabolario di 
polveri ed explosivi (Rome, 1893) ; C. Guttmann, The Manufacture 
of Explosives (London, 1895 and later) ; S. J. von Romocki, Geschichte 
der Sprengstoffchemie, der Sprengtechnik und des Torpedowesens bis 
zum Beginn der neusten Zeit (Berlin, 1895) ; Geschichte 'der Explosiv- 
stojfe, die rauchschwachen Pulver (Berlin, 1896) ; P. G. Sanford, 
Nitro-explosives (London, 1896); L. Gody, Traite theorique et 
pratique des matieres explosives (Namur, 1896); R. Wille, Der 
Plastomerite (Berlin, 1898) ; E. Sarrau, Introduction d. la theorie 
des explosifs (1893) '< Theorie des explosifs (1896) ; O. Guttmann, 
Manufacture of Explosives (London, 1895) ; E. M. Weaver, Notes on 
Military Explosives (New York, 1906) ; M. Eissler, The Modern High 
Explosives (New York, 1906) ; Treatise on Service Explosives, 
published by order of the secretary of state for war (London, 1907). 
Most of the literature on modern explosives, e.g. dynamite, &C, 
is to be found in papers contributed to scientific journals and societies. 
An index to those which have appeared in the Journal of the Society 
of Chemical Industry is to be found in the decennial index (1908) 
compiled by F. W. Renant. 

EXPRESS (through the French from the past participle of the 
Lat. exprimere, to press out, by transference used of representing 
objects in painting or sculpture, or of thoughts, &c. in words), a 
word signifying that which is clearly and definitely set forth or 
represented, explicit, and thus used of a meaning, a law, a con- 
tract and the like, being specially contrasted with " implied." 
Thus in law, malice, for which there is actual evidence, as apart 
from that which may be inferred from the acts of the person 
charged, is known as " express." The word is most frequently 
used with the idea of something done with a definite purpose; 
the term " express train," now meaning one that travels at a 
high speed over long distances with few intermediate stoppages, 
was, in the early days of railways, applied to what is now usually 
called a " special," i.e. a train not running according to the 
ordinary time-tables of the railway company, but for some 
specific purpose, or engaged by a private person. About 1845 
this term became used for a train running to a particular place 
without stopping. Similarly in the British postal service, 
express delivery is a special and immediate delivery of a letter, 
parcel, &c, by an express messenger at a particular increased 
rate. The system was adopted in 189 1. 

In the United States of America, express companies for the 
rapid transmission of parcels and luggage and light goods gener- 
ally perform the function of the post office or the railways in 
the United Kingdom and the continent of Europe. Not only 
do they deliver goods, but by the cash on delivery system (see 
Cash) the express companies act as agents both for the purchaser 
and seller of goods. They also serve as a most efficient agency 
for the transmission of money, the express money order being 
much more easily convertible than the postal money orders, as 
the latter can only be redeemed at offices in large and important 
towns. The system dates back to 1839, when one William 
Frederick Harnden (1813-1845), a conductor on the Boston and 
Worcester railway, undertook on his own account the carrying 
of small parcels and the performance of small commissions. 
Obliged to leave the company's service or abandon his enterprise, 
he started an " express " service between Boston and New 
York, carrying parcels, executing commissions and collecting 
drafts and bills. Alvin Adams followed in 1840, also between 
Boston and New York. From 1840 to 1845 the system was 
adopted by many others between the more important towns 



EXPROPRIATION— EXTENSION 



8-5 



throughout the States. The attempt to carry letters also was, 
stopped by the government as interfering v/ith the post office. 
In 1854 began the amalgamation of many of the companies. 
Thus under the name of the Adams Express Company the 
services started by Harnden and Adams were consolidated. The 
lines connecting the west and east by Albany, Buffalo and the 
lakes were consolidated in the American Express Company, 
under the direction of William G. Fargo (q.v.), Henry Wells and 
Johnston Livingston, while another company, Wells, Fargo & 
Co., operated on the Pacific coast. The celebrated " Pony 
Express " was started in i860 between San Francisco and St 
Joseph, Missouri, the time scheduled being eight days. The 
service was carried on by relays of horses, with stations 
25 m. apart. The charge made for the service was $2.50 per 
I oz. The completion of the Pacific Telegraph Company line 
in 1861 was followed by the discontinuance of the regular 
service. 

The name " express " is applied to a rifle having high velocity, 
flat trajectory and long fixed-sight ranges; and an " express- 
bullet " is a light bullet with a heavy charge of powder used in 
such a rifle (see Rifle). 

EXPROPRIATION, the taking away or depriving of property 
(Late Lat. expropriare, to take away, proprium, i. e. that which 
is one's own) . The term is particularly applied to the compulsory 
acquisition of private property by the state or other public 
authority. 

EXPULSION (Lat. expulsio, from expellere), the act of driving 
out, or of removing a person from the membership of a body 
or the holding of an office, or of depriving him of the right of 
attending a meeting, &c. In the United Kingdom the House 
of Commons can by resolution expel a member. Such ^resolution 
cannot be questioned by any court of law. But expulsion is 
only resorted to in cases where members are guilty of offences 
rendering them unfit for a seat in the House, such as being in 
open rebellion, being guilty of forgery, perjury, fraud or breach 
of trust, misappropriation of public money, corruption, conduct 
unbecoming the character of an officer and a gentleman, &c. It 
is customary to order the member, if absent, to attend in his 
place, before an order is made for his expulsion (see May, Parlia- 
mentary Practice, 1906, p. 56 seq.). Municipal corporations or 
other local government bodies have no express power to expel 
a member, except in such cases where the law declares the 
member to have vacated his seat, or where power is given by 
statute to declare the member's seat vacant. In the cases of 
officers and servants of the crown, tenure varies with the nature 
of the office. Some officials hold their offices ad vitam aut 
culpam or dum bene se gesserunt, others can be dismissed at any 
time and without reason assigned and without compensation. 
In the case of membership of a voluntary association (club,- &c.) 
the right of expulsion depends upon the rules, and must be 
exercised in good faith. Courts of justice have jurisdiction to 
prevent the improper expulsion of the member of a voluntary 
association where that member has a right of property in the 
association. In the case of meetings, where the meeting is one 
of a public body, any person not a member of the body is 
entitled to be present only on sufferance, and may be expelled 
on a resolution of the body. In the case of ordinary public 
meetings those who convene the meeting stand in the position 
of licensors to those attending and may revoke the licence and 
expel any person who creates disorder or makes himself otherwise 
objectionable. 

Expulsion of Aliens. — Under the Naturalization Act of 1870, 
the last of the civil disqualifications affecting aliens in England 
was removed. The political disqualifications which remained 
only applied to electoral rights. In the very exceptional cases 
in which it was retained in the statute book, expulsion was 
considered to have fallen into desuetude, but it has been revived 
by the Aliens Act of 1905 (5 Edw. VII. c. 13). Under this 
act powers are given to the secretary of state to make an order 
requiring an alien to leave the United Kingdom within a time 
fixed by the order and thereafter to remain outside the United 
Kingdom, subject to certain conditions, provided it is certified 



to him that the alien has been convicted of any felony or mis- 
demeanour or other offence for which the court has power to 
impose imprisonment without the option of a fine, &c, or that 
he has been sentenced in a foreign country with which there is 
an extradition treaty, for a crime not being an offence of a 
political character. There are also provisions applicable within 
one year, after the alien has entered the United Kingdom in the 
case of pauper aliens. Precautions are taken to prevent, as 
far as possible, any abuse of the power of expulsion. Under the 
French law of expulsion (December 3, 1849) there are no such 
precautions, the minister of the interior having an absolute 
discretion to order any foreigner as a measure of public policy 
to leave French territory and in fact to have him taken immedi- 
ately to the frontier. 

EXTENSION (Lat. ex, out; tendere, to stretch), in general, 
the action of straining or stretching out. It is usually employed 
metaphorically (cf. the phrase an "extension of time," a period 
allowed in excess of what has been agreed upon). It is used 
as a technical term in logic to describe the total number of 
objects to which a given term may be applied; thus the meaning 
of the term " King " in " extension " means the kings of England, 
Italy, Spain, &c. (cf. Denotation), while in "intension" it 
means the attributes which taken together make up the idea of 
kinghood (see Connotation). In psychology the literal sense 
of extension is retained, i.e. " spread-outness." The perception 
of space by the senses of sight and touch, as opposed to semi- 
spatial perceptions by smell and hearing, is that of " continuous 
expanse composed of positions separated and connected by 
distances " (Stout) ; to this the term " extension " is applied. 
The perception of separate objects involves position and distance, 
but these taken together are not extension, which necessarily 
implies continuity. To move one's finger along the keys of a 
piano gives both the position and the distance of the keys; 
to move it along the frame gives the idea of extension. By 
expanding this idea we obtain the conception of all space as 
an extended whole. To this perception are necessary both form 
and material. It should be observed the actual quality of a 
stimulus (rough, smooth, dry, &c.) has nothing to do with the 
spatial perception as such, which is concerned purely with what 
is known as " local signature." The elementary undifferentiated 
sensation excited by the stimuli exerted by a continuous whole 
is known as its " extensive quantity " or " extensity." The 
term has to do not with the kind of object which excites the 
sensation, but simply with the vague massiveness of the latter. 
As such it is distinguishable in thought from extension, though 
it is not easy to say whether and if so how far the quantitative 
aspect of space can exist apart from spatial order. Extensity 
as an element in the complex of extension must be carefully 
distinguished from intensity. Mere increase of pressure implies 
increase of intensity of sensation; to increase the extensity 
the area, so to speak, of the exciting stimulus must be increased. 
Thus the extensity (also called " voluminousness," or " massive- 
ness ") of the sensation produced by a roll of thunder is greater 
than that produced by a whistle or the bark of a dog. It should 
be observed that this application of the idea of extensity to 
sensation in general, rather than to the matter which is the 
exciting stimulus, is only an analogy, an attempt to explain 
a common psychic phenomenon by terminology which is in- 
trinsically suitable to the physical. As a natural consequence 
the term represents different shades of meaning in different 
treatises, verging sometimes towards the physical, sometimes 
towards the psychic, meaning. 

In connexion with extension elaborate psycho-physical 
experiments have been devised,. e.g. with the object of comparing 
the accuracy of tactual and visual perception and discovering 
what are the least differences which each can observe. At a 
distance two lights appear as one, just as two stars distinguishable 
through a telescope are one to the naked eye (see Vision) : 
again if the points of a compass are brought close together 
and pressed lightly on the skin the sensation, though vague and 
diffused, is a single one. 

See Psychology and works there quoted; also Space and Time. 



86 EXTENUATING CIRCUMSTANCES— EXTERRITORIALITY 



EXTENUATING CIRCUMSTANCES. This expression is used 
in law with reference to crimes, to describe cases in which, 
though an offence has been committed without legal justification 
or excuse, its gravity, from the point of view of punishment or 
moral opprobrium, is mitigated or reduced by reason of the facts 
leading up to or attending the commission of the offence. Ac- 
cording to English procedure, the jury has no power to determine 
the punishment to be awarded for an offence. The sentence, 
with certain exceptions in capital cases, is within the sole discre- 
tion of the judge, subject to the statutory prescriptions as to the 
kind and maximum of punishment. It is common practice for 
juries to add to their verdict, guilty or not guilty, a rider recom- 
mending the accused to mercy on the ground of grave provocation 
received, or other circumstances which in their view should 
mitigate the penalty. This form of rider is often added on a 
verdict of guilty of wilful murder, a crime as to which the judge 
has no discretion as to punishment, but the recommendation 
is sent to the Home Office for consideration in advising as to 
exercise of the prerogative of mercy. Quite independently of 
any recommendation by the jury, the judge is entitled to take 
into account matters proved during the trial, or laid before him 
after verdict, as a guide to him in determining the quantum 
of punishment. 

Under the French law {Code d' instruction criminelle, art. 345), 
it is the sole right and the duty of a jury in a criminal case to 
pronounce whether or not the commission of the offence was 
attended by extenuating circumstances {cir Constances attenuantes) . 
They are not bound to say anything about the matter, but 
the whole or the majority may qualify the verdict by finding 
extenuation, and if they do, the powers of the court to impose 
the maximum punishment are taken away and the sentence to be 
pronounced is reduced in accordance with the scale laid down 
in art. 463 of the Code p6nal. The most important result of this 
rule is to enable a jury to prevent the infliction of capital punish- 
ment for murder. In cases of what is termed " crime passionel," 
French juries, when they do not acquit, almost invariably find 
extenuation; and a like verdict has become common even in the 
case of cold-blooded and sordid murders, owing to objections 
to capital punishment. 

EXTERRITORIALITY, a term of international law, used to 
denominate certain immunities from the application of the rule 
that every person is subject for all acts done within the boundaries 
of a state to its local laws. It is also employed to describe the 
quasi-extraterritorial position, to borrow the phrase of Grotius, 
of the dwelling-place of an accredited diplomatic agent, and of 
the public ships of one state while in the waters of another. 
Latterly its sense has been extended to all cases in which states 
refrain from enforcing their laws within their territorial juris- 
diction. The cases recognized by the law of nations relate to: 
(1) the persons and belongings of foreign sovereigns, whether 
incognito or not; (2) the persons and belongings of ambassadors, 
ministers plenipotentiary, and other accredited diplomatic 
agents and their suites (but not consuls, except in some non- 
Christian countries, in which they sometimes have a diplomatic 
character); (3) public ships in foreign waters. Exterritoriality 
has also been granted by treaty to the subjects and citizens 
of contracting Christian states resident within the territory 
of certain non- Christian states. Lastly, it is held that when 
armies or regiments are allowed by a foreign state to cross 
its territory, they necessarily have exterritorial rights. " The 
ground upon which the immunity of sovereign rulers from 
process in our courts," said Mr Justice Wills in the case of 
Mighell v. Sultan of Johore, 1804, "is recognized by our law, is 
that it would be absolutely inconsistent with the status of an 
independent sovereign that he should be subject to the process of 
a foreign tribunal," unless he deliberately submits to its juris- 
diction. It has, however, been held where the foreign sovereign 
was also a British subject {Duke of Brunswick v. King of Hanover, 
1844), that he is amenable to the jurisdiction of the English 
Courts in respect of transactions done by him in his capacity 
as a subject. A " foreign sovereign " may be taken to include 
the president of a republic, and even a potentate whose inde- 



pendence is not complete. Thus in the case, cited above, of 
Mighell v. Sultan »f Johore, the sultan was ascertained to have 
abandoned all right to contract with foreign states, and to 
have placed his territory under British protection. The court 
held that he was, nevertheless, a foreign sovereign in so far as 
immunity from British jurisdiction was concerned. The im- 
munity of a foreign diplomatic agent, as the direct representative 
of a foreign sovereign (or state), is based on the same grounds 
as that of the sovereign authority itself. The international 
practice in the case of Great Britain was confirmed by an act 
of parliament of the reign of Queen Anne, which is still in force. 
The preamble to this act states that " turbulent and disorderly 
persons in a most outrageous manner had insulted the person 
of the then ambassador of his Czarish Majesty, emperor of Great 
Russia," by arresting and detaining him in custody for several 
hours, " in contempt to the protection granted by Her Majesty, 
contrary to the law of nations, and in prejudice of the rights 
and privileges which ambassadors and other public ministers, 
authorized and received as such, have at all times been thereby 
possessed of, and ought to be kept sacred and inviolable." This 
preamble has been repeatedly held by our courts to be declaratory 
of the English common law. The act provides that all suits, 
writs, processes, against any accredited ambassador or public 
minister or his domestic 'servant, and all proceedings and judg- 
ments had thereupon, are " utterly null and void," and that 
any person violating these provisions shall be punished for a 
breach of the public peace. Thus a foreign diplomatic agent 
cannot, like the sovereign he represents, waive his immunity 
by submitting to the British jurisdiction. The diplomatic im- 
munity necessarily covers the residence of the diplomatic agent, 
which some writers describe as assimilated to territory of the 
state represented by the agent; but there is no consideration 
which can justify any extension of the immunity beyond the 
needs of the diplomatic mission resident within it. It is different 
with public ships in foreign waters. In their case the ex- 
territoriality attaches to the vessel. Beyond its bulwarks 
captain and crew are subject to the ordinary jurisdiction of the 
state upon whose territory they happen to be. By a foreign public 
ship is now understood any ship in the service of a foreign state. 
It was even held in the case of the " Parlement Beige " (1880), 
a packet belonging to the Belgian government, that the character 
of the vessel as a public ship was not affected by its carrying 
passengers and merchandise for hire. In a more recent case an 
action brought by the owners of a Greek vessel against a vessel 
belonging to the state of Rumania was dismissed, though the 
agents of the Rumanian government had entered an appearance 
unconditionally and had obtained the release of the vessel on 
bail, on the ground that the Rumanian government had not 
authorized acceptance of the British jurisdiction (The " Jassy," 
1906, 75 L.J.P. 93). 

Writers frequently describe the exterritoriality of both em- 
bassies and ships as absolute. There is, however, this differ- 
ence, that the exterritoriality of the latter not being, like that 
of embassies, a derived one, there seems to be no ground for 
limitation of it. It was, nevertheless, laid down by the arbitrators 
in the " Alabama " case (Cockburn dissenting), that the privilege 
of exterritoriality accorded to vessels had not been admitted 
into the law of nations as an absolute right, but solely as a 
proceeding founded on the principle of courtesy and mutual 
deference between different nations, and that it could therefore 
"never be appealed to for the protection of acts done in violation 
of neutrality." 

The exterritorial settlements in the Far East, the privileges 
of Christians under the arrangements made with the Ottoman 
Porte, and other exceptions from local jurisdictions, are subject 
to the conditions laid down in the treaties by which they have 
been created. There are also cases in which British communities 
have grown up in barbarous countries without the consent 
of any local authority. All these are regulated by orders in 
council, issued now in virtue of the Foreign Jurisdiction Act 
1890, an act enabling the crown to exercise any jurisdiction it 
may have " within a foreign country " in as ample a manner 



EXTORTION— EXTRADITION 



87 



as if it had been acquired " by cession or conquest of territory." 
A very exceptional case of exterritoriality is that granted to the 
pope under a special Italian enactment. (T. Ba.) 

EXTORTION (Lat. extorsio, from extorquere, to twist out, to 
take away by force), in English law the term applied to the 
exaction by public officers of money or money's worth not due 
at all, or in excess of what is due, or before it is due. Such 
exaction, unless made in good faith (i.e. in honest mistake as 
to the sum prqperly payable) , is a misdemeanour by the common 
law and is punishable by fine and (or) imprisonment. Besides 
the punishment above stated, an action for twice the value of 
the thing extorted lies against officers of the king (1275,3 Edw. I. 
c. 26). There are numerous provisions for the punishment of 
particular officers who make illegal exactions or take illegal 
fees: e.g. sheriffs and their officers (Sheriffs Act 1887), county 
court bailiffs (County Courts Act 1888), clerks of courts of 
justice, and gaolers who exact fees from prisoners. A gaoler 
is also punishable for detaining the corpse of a prisoner as 
security for debt. The term " public officer " is not limited to 
offices under the crown; and there are old precedents of criminal 
proceedings for extortion against churchwardens, and against 
millers and ferrymen who demand tolls in excess of what is 
customary under their franchise. 

The term extortion is also applied to the exaction of money 
or money's worth by menaces of personal violence or by 
threats to accuse of crime or to publish defamatory matter 
about another person. These offences fall partly under the head 
of robbery and partly under blackmail, or what in French is 
termed chantage. 

See Russell on Crimes (6th ed., vol. i. p. 423; vol. iii. p. 348). 

EXTRACT (from Lat. exlrahere, to draw out), in pharmacy, 
the name given to preparations formed by evaporating or con- 
centrating solutions of active principles; tinctures are solutions 
which have not been subjected to any evaporation. " Liquid 
extracts " are those of a syrupy consistency, and are generally 
prepared by treating the drug with the solvent (water, alcohol, 
&c.) and concentrating the solution until it attains the desired 
consistency. " Ordinary extracts " are thick, tenacious and 
sometimes even dry preparations ; they are obtained by evaporat- 
ing solutions as obtained above, or the juices expressed from 
the plants. 

/Extraction, in chemical technology, is a process for separating 
one substance from another by taking advantage of the varying 
solubility of the components in some chosen solvent. The term 
" lixiviation " is used when water is the solvent. In laboratory 
practice all the common solvents are employed. With small quan- 
tities it may suffice to shake the substance with the solvent, the 
mixture being heated if necessary, filter and distil or otherwise 
remove the solvent from the distillate. For larger quantities 
continuous extraction is advisable. This may be carried out 
in many forms of apparatus; one of the most convenient is 
the Soxhlet extractor, in which the extract siphons into the 
flask containing the solvent, and so maintains the quantity of 
available solvent practically constant. Continuous extraction 
is generally the practice in technology. One of the most im- 
portant applications is in the fat and gelatine industries. 

EXTRADITION (Lat. ex, out, and traditio, handing over), 
the surrender of an alleged criminal for trial by a foreign state 
where he has taken refuge, to the state against which the alleged 
offence has been committed. When a person who has committed 
an offence in one country escapes to another, what is the duty 
of the latter with regard to him? Should the country of refuge 
try him in its own courts according to its own laws, or deliver 
him up to the country whose laws he has broken? To the 
general question international law gives no certain answer. 
Some jurists, Grotius among them, incline to hold that a state 
is bound to give up fugitive criminals, but the majority appear 
to deny the obligation as a matter of right, and prefer to put 
it on the ground of comity. And the universal practice of nations 
is to surrender criminals only in consequence of some special 
treaty with the country which demands them. 

There are two practical difficulties about extradition which 



have probably prevented the growth of any uniform rule on the 
subject. One is the variation in the definitions of crime adopted 
by different countries. The second is the possibility of the 
process of extradition being employed to get hold of a person 
who is wanted by his country, not really for a criminal, but for 
a political offence. In modern states, and more particularly 
in England, offences of a political character have always been 
carefully excluded from the operation of the law of extradition. 

1. United Kingdom. — The Extradition Acts 1870-1873 
(33 & 34 Vict. cc. 62, and 36 & 37 Vict. c. 60) and the Fugitive 
Offenders Act 1881 (44 & 45 Vict. c. 69) deal with different 
branches of the same subject, the recovery and surrender of 
fugitive criminals. The Extradition Acts apply in the case of 
countries with which Great Britain has extradition treaties. 
The Fugitive Offenders Act applies — (1) as between the United 
Kingdom and any British possession, (2) as between any two 
British possessions, and (3) as between the United Kingdom 
or a British possession and certain foreign countries, such as 
Turkey and China, in which the crown exercises foreign juris- 
diction. 

Conditions of Surrender. — In spite of some earlier authorities 
it has long been settled that in English law there is no power to 
surrender fugitive criminals to a foreign country without express 
statutory authority. Such authority is now given by the 
Extradition Acts 1870-1873, but only in the case of the offences 
therein specified, and with regard to countries with which an 
arrangement has been entered into, and to which the acts have 
been applied by order in council. The acts are further to be 
applied, subject to such " conditions, exceptions and qualifica- 
tions as may be deemed expedient " (s. 2) ; and these conditions, 
&c, are invariably to be found in the extradition treaty which 
is set out in the order in council applying the Extradition Acts 
to a particular country. To support a demand for extradition 
from Great Britain it is therefore necessary to show that the 
offence is one of those enumerated in the Extradition Acts, and 
also in the particular treaty, and that the acts charged amount 
to the offence according to the laws both of Great Britain and of 
the state demanding the surrender. 

Surrender of Subjects. — A further question arises where a state 
is called on to surrender one of its own subjects. Some of the 
treaties, such as those with France and Germany, stipulate 
that neither contracting party shall surrender its own subjects, 
and in such cases a British subject cannot be surrendered by 
his own country. The treaties with Spain, Switzerland and 
Luxemburg provide for the surrender by Great Britain of her 
own subjects, but there is no reciprocity. Other treaties, such 
as those with Austria, Belgium, Russia and the Netherlands, 
give each party the option of surrendering or refusing to surrender 
its own subjects in each particular case. Under such treaties 
British subjects are surrendered unless the secretary of state 
intervenes to forbid it. Lastly, some treaties, such as that with 
the United States, contain no restriction of this kind, and the 
subjects of each power are freely surrendered to the other. 
Surrender by Great Britain is also subject to the following 
restrictions contained in s. 3 of the Extradition Act 1870: — 
(1) that the offence is not of a political character, and the requisi- 
tion has not been made with a view to try and punish for an 
offence of a political character; (2) that the prisoner shall not 
be liable to be tried for any but the specified extradition offences; 
(3) that he shall not be surrendered until he has been tried and 
served his sentence for offences committed in Great Britain; 
and (4) that he shall not be actually given up until fifteen days 
after his committal for extradition, so as to allow of an applica- 
tion to the courts. 

Political Offences. — The question as to what constitutes a 
political offence is one of some nicety. It was discussed in In 
re Castioni (1890, 1 Q.B. 149), where it was held, following the 
opinion of Mr Justice Stephen in his History of the Criminal Law, 
that to give an offence a political character it must be " incidental 
to and form part of political disturbances." Extradition was 
accordingly refused for homicide committed in the course of an 
armed rising against the constituted authorities. In the more 



88 



EXOIRADITIQN 



recent case of In re Meunier (1894, 2 Q.B. 415), an Anarchist 
was charged with causing two explosions in Paris^one at the 
Cafe Very resulting in the death of two persons, and the other 
at certain barracks. It was not contended that the outrage 
at the cafe was a political crime, but it. was argued that the 
explosion at the barracks came within tihe description. The 
court, however, held that to constitute a political offence there 
must be two or more parties in the state, each seeking to impose 
a government of its own choice on the other, which was not the 
case with regard to Anarchist crimes; The party of anarchy 
was the enemy of all governments, and its effects were directed 
primarily against the general body of citizens. The test applied 
in the earlier case is perhaps the more satisfactory of the two. 

With regard to the provision that surrender shall not be 
granted if the requisition has in fact been made with a view to 
try and punish for an offence of a political character, it, was 
decided in the case of Arton (1896, 1 Q.B. 108) that a mere sug- 
gestion, that after his surrender for a non-political crime, the 
prisoner would be interrogated on political matters (his alleged 
complicity in the Panama scandal) , and punished for his refusal 
to answer, was not enough to bring him within the provision. 
The court also held that it had no jurisdiction to entertain a 
suggestion that the request of the French government for his 
extradition was not made in good faith and in the interests of 
justice. 

Extradition Offences. —The following is a list of crimes in 
respect of which extradition may be provided for under the 
Extradition Acts 1870-1873, and the Slave Trade Act 1873. 
Extradition Act 1870: — (1) Murder; (2) Attempt to murder; 
(3) Conspiracy to murder; (4) Manslaughter; (5) Counter- 
feiting and altering money, uttering counterfeit or altered money; 
(6) Forgery, counterfeiting, and altering and uttering what is 
forged or counterfeited or altered; (7) Embezzlement and 
larceny; (8) Obtaining money or goods by false pretences; 
(9) Crimes by bankrupts against bankruptcy law; (10) Fraud 
by a bailee, banker, agent, factor, trustee or director, or member 
or public officer of any company made criminal by any law for the 
time being in force; (11) Rape; (12) Abduction; (13) Child- 
stealing; (14) Burglary and housebreaking; (15) Arson; (16) 
Robbery with violence; (17) Threats by letter or otherwise with 
intent to extort; (18) Crimes committed at sea: (a) Piracy by 
the law of nations; (b) Sinking or destroying a vessel at sea, or 
attempting or conspiring to do so; (c) Assault on a ship on the 
high seas, with intent to destroy life or to do grievous bodily harm ; 
(d) Revolt , or conspiring to revolt, by two or more persons on board 
a ship on the high seas against the authority of the master; 
(19) Bribery. Extradition Act 1873 :— (20) Kidnapping and false 
imprisonment; (21) Perjury and subornation of perjury. This 
act also extends to indictable offences under 24 & 25 Vict. 
cc. 96, 97, 98, 99, 100, and amending and substituted acts. 
Among such offences included in various extradition treaties 
are the following: — (22) Obtaining valuable securities by false 
pretences; (23) Receiving any money, valuable security or 
other property, knowing the same to have been stolen or unlaw- 
fully obtained; (24) Falsification of accounts (see In re Arton, 
1896, 1 Q.B. 509); (25) Malicious injury to property, if such 
offence be indictable;. (26) Knowingly making, without lawful 
authority, any instrument, tool or engine adapted and intended 
for the counterfeiting of coin of the realm; (27) Abandoning 
children; exppsing or unlawfully detaining them; (28) Any 
malicious act done with intent to endanger the safety of any 
person in a railway train; (29) Wounding or inflicting grievous 
bodily harm; (30) Assault occasioning actual bodily harm; 
(31) Assaulting a magistrate or peace or public officer; (32) 
Indecent assault; (33) Unlawful carnal knowledge, or any 
attempt to have unlawful carnal knowledge, of a girl under age; 
(34) Bigamy; (35) Administering drugs or using instruments 
with intent to procure the miscarriage of women; (36) Any 
indictable offence under the laws for the time being in force in 
relation to bankruptcy. .S'/iiz'C Trade Act 1873 (36 & 37 Vict. 
c. 88, s. 27): — (37) Dealing in slaves in such manner as to 
constitute a criminal offence against the laws of both states. 



The United Kingdom has extradition treaties with practically 
all civilized foreign countries; and. though it is nor practicable 
to state which of the statutory extradition offences are included 
in each, it may be said generally that. crimes 1 to 17 inclusive 
are covered in all, though Rumania has reserved the right to 
refuse, and Portugal does refuse, to surrender for a crime punish- 
able with death. 

The act of 1873 provides for the surrender of accessories 
before and after the fact to extradition crimes, and most of the 
treaties contain a clause by which extradition is to be granted 
for participation in any of the crimes specified in the treaty, 
provided that such participation is punishable by the laws of 
both countries. Several of the treaties also contain clauses, 
providing for optional surrender in respect of any crime not 
expressly mentioned for which extradition can be granted by 
the laws of both countries.. 

It is further to be noted that the restrictions on surrender 
in the Extradition Acts apply only to surrenders by Great Britain. 
Foreign countries may surrender fugitives to Great Britain 
without any treaty, if they are willing to do so and their law 
allows of it, and such surrenders have not infrequently been 
made. But when surrendered for an extradition crime, the 
prisoner cannot be tried in England for any other crime com- 
mitted before such surrender, until he has been restored, or has 
had an opportunity of .returning, to the foreign state from which 
he was extradited. 

Procedure.— To obtain from a foreign country the extradition of 
a fugitive from the United Kingdom, it is necessary to procure 
a warrant for his arrest, and to send it, or a certified copy, to the 
home secretary together with such further evidence as is required 
by the treaty with the country in question. In most, cases 
an information or deposition containing evidence which would 
justify a committal for trial in Great Britain will be required. 
The home secretary will then communicate through the foreign 
secretary and the proper diplomatic channels with the foreign 
authorities, and in case of urgency will ask them by telegraph for 
a provisional arrest. For the arrest in the United Kingdom of 
fugitive criminals whose extradition is requested by a foreign 
state, two procedures are provided in ss. 7 and 8 of the act of 
1870: — -(1) On a diplomatic requisition supported by the warrant 
of arrest and documentary evidence, the home secretary, if he 
thinks the crime is not of a political character, will order the 
chief magistrate at Bow Street to proceed; and such magistrate 
will then issue a warrant of arrest on such evidence as would be 
required if the offence had been committed in the United King- 
dom. (2) More summarily, any magistrate or justice of the peace 
may issue a provisional warrant of arrest on evidence which 
would support such a warrant if the crime had been committed 
within his jurisdiction. In practice a sworn information is re- 
quired, but this may be based on a telegram from the foreign 
authorities. The magistrate or justice must then report the 
issue of the warrant to the home secretary, who may cancel it 
and discharge the prisoner. When arrested on the provisional 
warrant, the prisoner will be brought up before a magistrate 
and remanded to Bow Street, and will then be further remanded 
until the magistrate at Bow Street is notified that a formal 
requisition for surrender has been made ; and unless such 
requisition is made in reasonable time the prisoner is entitled 
to be discharged. The examination of the prisoner prior to his 
committal for extradition ordinarily takes place at Bow Street, 
The magistrate is required to hear evidence that the alleged 
offence is of a political character or is not an extradition crime. 
If satisfied in these respects, and if the foreign warrant of arrest 
is duly authenticated, and evidence is given which according 
to English law would justify a committal for trial, if the prisoner 
has not yet been tried, or would prove a conviction if he has 
already been convicted, the magistrate will commit him for 
extradition. Under the Extradition Act, 1 895 the home secretary, 
if of opinion that removal to Bow Street would be dangerous to 
the prisoner's life, or prejudicial to his health, may order the case 
to be taken by a magistrate at the place where the prisoner was 
apprehended, or then is, and the magistrate may order the 



EXTRADOS— EXTREME UNCTION 



89 



prisoner to be detained in such place. After committal for extra- 
dition, every prisoner has fifteen days in which to apply for 
habeas corpus, and after such period, or at the close of the habeas 
corpus proceedings if they are unsuccessful, the home secretary 
issues his warrant for surrender, and the prisoner is handed over 
to the officers of the foreign government. 

The Extradition Acts apply to the British colonies, the, 
governor being substituted for the secretary of state. Their 
operation may, however, be suspended by order in council, as 
in the case of Canada, where the colony has passed an Extradition 
Act of its own (see Statutory Rules and Orders). 

Fugitive Offenders Act. — There are no extradition treaties 
with certain countries in which the crown exercises foreign juris- 
diction, such as Cyprus, Turkey, Egypt, China, Japan, Corea, 
Zanzibar, Morocco, Siam, Persia, Somali, &c. In these countries 
the Fugitive Offenders Act 1881 (44 & 45 Vict. c. 69) has been 
applied, pursuant to s. 36 of that statute, and the measures for 
obtaining surrender of a fugitive criminal are the same as in a 
British colony. The act, however, only applies to persons over 
whom the crown has jurisdiction in these territories, and generally 
is expressly restricted to British subjects. 

Under this act a fugitive from one part of the king's dominions 
to another, or to a country where the crown exercises foreign 
jurisdiction, may be brought back by a procedure analogous to 
extradition, but applicable only to treason, piracy and offences 
punishable with twelve months' imprisonment with hard labour 
or more. The original warrant of arrest must be endorsed by one 
of several authorities where the offenders happen to be, — -in 
practice by the home secretary in the United Kingdom and by 
the governor in a colony. Pending the arrival of the original 
warrant a provisional arrest may be made, as under the Ex- 
tradition Acts. The fugitive must then be brought up for 
examination before a local magistrate, who, if the endorsed 
warrant is duly authenticated, and evidence is produced " which, 
according to the law administered by the magistrate, raises a 
strong or probable presumption that the offender committed the 
offence, and that the act applies to it," may commit him for re- 
turn. An interval of fifteen days is allowed for habeas corpus pro- 
ceedings, and (s. 10) the court has a large discretion to discharge 
the prisoner, or impose terms, if it thinks the case frivolous, or 
that the return would be unjust or oppressive, or too severe 
a punishment. The next step is for the home secretary in the 
United Kingdom, and the governor in a colony, to issue a 
warrant for the return of the prisoner. He must be removed 
within a month, in the absence of reasonable cause to the con- 
trary.. If not prosecuted within six months after arrival, or if 
acquitted, he is entitled to be sent back free of cost. 

In the case of fugitive offenders from one part of the United 
Kingdom to another, it is enough to get the warrant of arrest 
backed by a magistrate having jurisdiction in that part of 
the United Kingdom where the offender happens to be. A 
warrant issued by a metropolitan police magistrate may be 
executed, without backing, by a metropolitan police officer any- 
where, and there are certain other exceptions, but as a rule a 
warrant cannot be executed without being backed by a local 
magistrate. (J. E. P. W.) 

2. United States. — Foreign extradition is purely an affair of 
the United States, and not for the individual states themselves. 
Upon a demand upon the United States for extradition, there is 
a preliminary examination before a commissioner or judge before 
there can be a surrender to the foreign government (Revised 
Statutes, Title LXVI.; 22 Statutes at Large, 215). It is enough 
to show probable guilt (Ornelas v. Ruiz, 161 United States 
Reports, 502). An extradition treaty covers crimes previously 
committed. If a Power, with which the United States have 
such a treaty, surrenders a fugitive charged with a crime not 
included in the treaty, he may be tried in the United States for 
such crime. Inter-state extradition is regulated by act of Con- 
gress under the Constitution of the United States (Article IV. s. 
2; United States Revised Statutes, s. 5278). A surrender may 
be demanded of one properly charged with an act which con- 
stitutes a crime under the laws of the demanding state, although 



it be no crime in the other state. A party improperly surrendered 
may be released by writ of habeas corpus, either from a state or 
United States court (Robb v. Conolly, in U.S. Reports, 624). On 
his return to the state from which he fled, he is subject. to prosecu- 
tion for any crime, though on a foreign extradition the law is other- 
wise (Lascelles v. Georgia, 148 U.S. Reports, 537). (S. E. B.). 

See Sir E. Clarke, Treatise upon the Law of Extradition (4th ed., 
1904) ; Birori and Chalmers, Law and Practice 0} Extradition (1903). 

EXTRADOS {extra, outside, Fr. dos, back), the architectural 
term for the outer boundary of the voussoirs of an arch (q.v.). 

EXTREME UNCTION, a sacrament of the Roman Catholic 
Church. In James v. 14 it is ordained that, if any believer is 
sick, he shall call for the elders of the church; and they shall 
pray over him, anointing him with oil in the name of the. Lord; 
and the prayer of faith shall save him that is sick, and the Lord 
shall raise him up; and if he have committed sins, it shall be 
forgiven him. 

Origen reprobated medical art on the ground that the prcr 
scription here cited is enough; modern faith-healers and Peculiar 
People have followed in his wake. The Catholic Church has more 
wisely left physicians in possession, and elevated the anointing 
of the sick into a sacrament to be used only in cases of mortal 
sickness, and even then not to the exclusion of the healing art. 

It has been general since the 9th century. The council of 
Florence a.d. 1439 thus defined it:— 

" The fifth sacrament is extreme unction. Its matter is olive 
oil, blessed by a bishop. It shall not be given except to a sick person 
whose death is apprehended. He shall be anointed in the following 
places: the eyes, ears, nostrils, mouth, hands, feet, reins. The 
form of the sacrament, is this: Through this anointing of thee and 
through its most pious mercy, be forgiven all thy sins of sight, &c. 
. . . and so in respect of the other organs. A priest can administer 
this sacrament. But its effect is to make whole the mind, and, 
so far as it is expedient, the body as well." 

This sacrament supplements that of penance (viz. remission 
of post-baptismal sin) in the sense that any guilt unconfessed or 
left over after normal penances imposed by confessors is purged 
thereby. It was discussed in the 12th century whether this 
sacrament is indelible like baptism, or whether it can be repeated ; 
and the latter view, that of Peter Lombard, prevailed. 

It was a popular opinion in' the middle ages that extreme 
unction extinguishes all ties and links with this world, so that he 
who has received it must, if he recovers, renounce the eating of 
flesh and matrimonial relations. A few peasants of Lombardy 
still believe that one who has received extreme unction ought to 
be left to die, and that sick people may be starved to death 
through the withholding of food on superstitious grounds. Such 
opinions, combated by bishops and councils, were due to the 
influence of the consolamentum of the Cathars (q.v.). In both 
sacraments the death-bed baptism of an earlier age seems to 
survive, and they both fulfil a deep-seated need of the human 
spirit. 

Some Gnostics sprinkled the heads of the dying with oil and 
water to render them invisible to the powers of darkness; but in 
the East generally, where the need to compete with the Cathar 
sacrament of Consolatio was less acutely felt, extreme unction 
is unknown. The Latinizing Armenians adopted it from Rome 
in the crusading epoch. At an earlier date, however, it was usual 
to anoint the dead. 

In the Roman Church the bishop blesses the oil of the sick 
used in extreme unctions on Holy Thursday at the Chrismal 
Mass, 1 using the following prayer of the sacramentaries of 
Gelasius and Hadrian: — 

" Send forth, we pray Thee, O Lord, Thy holy spirit, the Paraclete 
from Heaven, into this fatness of oil, which Thou hast deigned to 
produce from the green wood for refreshment of mind and body ; 
and through Thy holy benediction may it be for all that anoint, taste, 
touch, a protection of mind and body, of soul and spirit, unto the 
easing away of all pain, all weakness, all sickness of mind and body ; 
wherefore Thou hast anointed priest, kings and prophets and martyrs 
with thy chrism, perfected by Thee, O Lord, blessed and abiding in 
our bowels in the name of our Lord Jesus Christ." _ 

See L. Duchesne, Origines du Culte Chretien (Paris, 1898). . 

(F. C.C.) 

1 The oil left over from the year before is burnt. 



9° 

EYBESCHttTZ, JONATHAN (1690-1764), German rabbi, 
was from 1750 rabbi in Altona. He was a man of erudition, 
but he owed his fame chiefly to his personality. Few men of the 
period so profoundly impressed their mark on Jewish life. He 
became specially notorious because of a curious controversy 
that arose concerning the amulets which Eybeschutz was sus- 
pected of issuing. These amulets recognized the Messianic 
claims of Sabbatai Sebi (q.v.), and a famous rabbinic con- 
temporary of Eybeschutz, Jacob Emden, boldly accused him 
of heresy. The controversy was a momentous incident in the 
Jewish life of the period, and though there is insufficient evidence 
against Eybeschutz, Emden may be credited with having 
crushed the lingering belief in Sabbatai current even in some 
orthodox circles. (I. A.) 

EYCK, VAN, the name of a family of Flemish painters in whose 
works the rise and mature development of art in western Flanders 
are represented. Though bred in the valley of the Meuse, they 
finally established their professional domicile in Ghent and in 
Bruges; and there, by skill and inventive genius, they changed 
the traditional habits of the earlier schools, remodelled the 
primitive forms of Flemish design, and introduced a complete 
revolution into the technical methods of execution familiar to 
their countrymen. 

1. Hubert (Huybrecht) van Eyck (? 1366-1426) was the 
oldest and most remarkable of this race of artists. The date 
of his birth and the records of his progress are lost amidst the 
ruins of the earlier civilization of the valley of the Meuse. He 
was born about 1366, at Maeseyck, under the shelter or protection 
of a Benedictine convent, in which art and letters had been 
cultivated from the beginning of the 8th century. But after a 
long series of wars — when the country became insecure, and the 
schools which had flourished in the towns decayed — he wandered 
to Flanders, and there for the first time gained a name. As court 
painter to the hereditary prince of Burgundy, and as client to 
one of the richest of the Ghent patricians, Hubert is celebrated. 
Here, in middle age, between 1410 and 1420, he signalized 
himself as the inventor of a new method of painting. Here he 
lived in the pay of Philip of Charolais till 1421. Here he painted 
pictures for the corporation, whose chief magistrates honoured 
him with a state visit in 1424. His principal masterpiece, 
the " Worship of the Lamb," commissioned by Jodocus Vijdts, 
lord of Pamele, is the noblest creation of the Flemish school, a 
piece of which we possess all the parts dispersed from St Bavon 
in Ghent to the galleries of Brussels and Berlin, — one upon which 
Hubert laboured till he died, leaving it to be completed by his 
brother. Almost unique as an illustration of contemporary 
feeling for Christian art, this great composition can only be 
matched by the " Fount of Salvation," in the museum of Madrid. 
It represents, on numerous panels, Christ on the judgment seat, 
with the Virgin and St John the Baptist at His sides, hearing 
the songs of the angels, and contemplated by Adam and Eve, 
and, beneath him, the Lamb shedding His blood in the presence 
of angels, apostles, prophets, martyrs, knights and hermits. 
On the outer sides of the panels are the Virgin and the angel 
annunciate, the sibyls and prophets who foretold the coming 
of the Lord, and the donors in prayer at the feet of the Baptist and 
Evangelist. After this great work was finished it was placed, 
in 1432, on an altar in St Bavon of Ghent, with an inscription 
on the framework describing Hubert as " maior quo nemo 
repertus," and setting forth, in colours as imperishable as the 
picture itself, that Hubert began and John afterwards brought 
it to perfection. John van Eyck certainly wished to guard 
against an error which ill-informed posterity showed itself 
but too prone to foster, the error that he alone had composed 
and carried out an altarpiece executed jointly by Hubert and 
himself. His contemporaries may be credited with full know- 
ledge of the truth in this respect, and the facts were equally 
well known to the duke of Burgundy or the chiefs of the corpora- 
tion of Bruges, who visited the painter's house in state in 1432, 
and the members of the chamber of rhetoric at Ghent, who 
reproduced the Agnus Dei as a tableau vivanl in 1456. Yet 
a later generation of Flemings forgot the claims of Hubert, 



EYBESCHUTZ— EYCK, VAN 



and gave the honours that were his due to his brother John 
exclusively. 

The solemn grandeur of church art in the 15th century never 
found, out of Italy, a nobler exponent than Hubert van Eyck. 
His representation of Christ as the judge, between the Virgin and 
St John, affords a fine display of realistic truth, combined with 
pure drawing and gorgeous colour, and a happy union of earnest- 
ness and simplicity with the deepest religious feeling. In contrast 
with earlier productions of the Flemish school, it shows a singular 
depth of tone and great richness of detail. Finished with sur- 
prising skill, it is executed with the new oil medium, of which 
Hubert shared the invention with his brother, but of which no 
rival artists at the time possessed the secret, — a medium which 
consists of subtle mixtures of oil and varnish applied to the 
moistening of pigments after a fashion, only kept secret for a 
time from gildsmen of neighbouring cities, but unrevealed to 
the Italians till near the close of the 1 5th century. When Hubert 
died on the 18th of September 1426 he was buried in the chapel 
on the altar of which his masterpiece was placed. According 
to a tradition as old as the 16th century, his arm was preserved 
as a relic in a casket above the portal of St Bavon of Ghent. 
During a life of much apparent activity and surprising successes 
he taught the elements of his art to his brother John, who sur- 
vived him. 

2. John (Jan) van Eyck (? 1385-1440). The date of his 
birth is not more accurately known than that of his elder brother, 
but he was born much later than Hubert, who took charge of 
him and made him his " disciple." Under this tuition John 
learnt to draw and paint, and mastered the properties of colours 
from Pliny. Later on, Hubert admitted him into partnership, 
and both were made court painters to Philip of Charolais. After 
the breaking up of the prince's household in 1421, John became 
his own master, left the workshop of Hubert, and took an 
engagement as painter to John of Bavaria, at that time resident 
at the Hague as count of Holland. From the Hague he returned 
in 1424 to take service with Philip, now duke of Burgundy, at a 
salary of 100 livres per annum, and from that time till his death 
John van Eyck remained the faithful servant of his prince, 
who never treated him otherwise than graciously. He was 
frequently employed in missions of trust; and following the 
fortunes of a chief who was always in the saddle, he appears for 
a time to have been in ceaseless motion, receiving extra pay for 
secret services at Leiden, drawing his salary at Bruges, yet 
settled in a fixed abode at Lille. In 1428 he joined the embassy 
sent by Philip the Good to Lisbon to beg the hand of Isabella 
of Portugal. His portrait of the bride fixed the duke's choice. 
After his return he settled finally at Bruges, where he married, 
and his wife bore him a daughter, known in after years as a nun 
in the convent of Maeseyck. At the christening of this child 
the duke was sponsor, and this was but one, of many distinctions 
by which Philip the Good rewarded his painter's merits. Numer- 
ous altarpieces and portraits now give proof of van Eyck's 
extensive practice. As finished works of art and models of 
conscientious labour they are all worthy of the name they 
bear, though not of equal excellence, none being better than 
those which were completed about 1432. Of an earlier period, 
a ■" Consecration of Thomas a Becket " has been preserved, and 
may now be seen at Chatsworth, bearing the date of 142 1; no 
doubt this picture would give a fair representation of van Eyck's 
talents at the moment when he started as an independent 
master, but that time and accidents of omission and commission 
have altered its state to such an extent that no conclusive opinion 
can be formed respecting it. The panels of the " Worship oi 
the Lamb " were completed nine years later. They show that 
John van Eyck was quite able to work in the spirit of his brother. 
He had not only the lines of Hubert's compositions to guide 
him, he had also those parts to look at and to study which 
Hubert had finished. He continued the work with almost 
as much vigour as his master. His own experience had been 
increased by travel, and he had seen the finest varieties of 
landscape in Portugal and the. Spanish provinces. This enabled 
him to transfer to his pictures the charming scenery of lands 



EYE 



9 1 



more sunny than those of Flanders, and this he did with accuracy 
and not without poetic feeling. We may ascribe much of the 
success which attended his efforts to complete the altarpiece 
of Ghent to the cleverness with which he [reproduced the varied 
aspect of changing scenery, reminiscent here of the orange 
groves of Cintra, there of the bluffs and crags of his native 
valley. In all these backgrounds, though we miss the scientific 
rules of perspective with which the van Eycks were not familiar, 
we find such delicate perceptions of gradations in tone, such 
atmosphere, yet such minuteness and perfection of finish, that our 
admiration never flags. Nor is the colour less brilliant or the 
touch less firm than in Hubert's panels. John only differs from 
his brother in being less masculine and less sternly religious. 
He excels in two splendid likenesses of Jodocus Vijdts and his 
wife Catherine Burluuts. The same vigorous style and coloured 
key of harmony characterizes the small " Virgin and Child " of 
1432 at Ince, and the " Madonna," probably of the same date, 
at the Louvre, executed for Rollin, chancellor of Burgundy. 
Contemporary with these, the male portraits in the National 
Gallery, and the " Man with the Pinks," in the BerlinMuseum 
(1432-1434), show no relaxation of power; but later creations 
display no further progress, unless we accept as progress a more 
searching delicacy of finish, counterbalanced by an excessive 
softness of rounding in flesh contours. An unfaltering minute- 
ness of hand and great tenderness of treatment may be found, 
combined with angularity of drapery and some awkwardness 
of attitude in the full length portrait couple (John Arnolfini and 
his wife) at the National Gallery (1434), in which a rare insight 
into the detail of animal nature is revealed in a study of a terrier 
dog. A ' Madonna with Saints," at Dresden, equally soft and 
minute, charms us by the mastery with which an architectural 
background is put in. The bold and energetic striving of earlier 
days, the strong bright tone, are not equalled by the soft blending 
and tender tints of the later ones. Sometimes a crude ruddi- 
ness in flesh strikes us as a growing defect, an instance of which 
is the picture in the museum of Bruges, in which Canon van der 
Paelen is represented kneeling before the Virgin under the 
protection of St George (1434). From first to last van Eyck 
retains his ability in portraiture. Fine specimens are the two 
male likenesses in the gallery of Vienna (1436), and a female, the 
master's wife, in the gallery of Bruges (1439). His death in 
1440/41 at Bruges is authentically recorded. He was buried 
in St Donat. Like many great artists he formed but few pupils. 
Hubert's disciple, Jodocus of Ghent, hardly does honour to his 
master's teaching, and only acquires importance after he has 
thrown off some of the peculiarities of Flemish teaching. Petrus 
Cristus, who was taught by John, remains immeasurably behind 
him in everything that relates to art. But if the personal 
influence of the van Eycks was small, that of their works was 
immense, and it is not too much to say that their example, 
taken in conjunction with that of van der Weyden, determined 
the current and practice of painting throughout the whole of 
Europe north of the Alps for nearly a century. 

See also Waagen, Hubert and Johann van Eyck (1822); Voll> 
Werke des Jan van Eyck (1900) ; L. Kammerer on the two families in 
Knackfuss's Kiinstler-Monographien (1898). (J. A. C.) 

EYE, a market-town and municipal borough in the Eye 
parliamentary division of Suffolk; England; 945 m. N.E. from 
London by the Great Eastern railway, the terminus of a branch 
from the Ipswich-Norwich line. Pop. (1901) 2004. The church 
of St Peter and St Paul is mainly of Perpendicular flint work, 
with Early English portions and a fine Perpendicular rood 
screen. It was formerly attached to a Benedictine priory. 
Slight fragments of a Norman castle crown a mound of probably 
earlier construction. There are a town hall, corn exchange, 
and grammar school founded in 1566. Brewing is the chief 
industry. The town is governed by a mayor, 4 aldermen and 
12 councillors. Area, 4410 acres. 

Eye (Heya, Aye) was once surrounded by a stream, from 
which it is said to have derived its name. Leland says it was 
situated in a marsh and had formerly been accessible by river 
vessels from Cromer, though the river was then only navigable 



to Burston, 12 m. from Eye. From the discovery of numerous 
bones and Roman urns and coins it has been thought that the 
place was once the cemetery of a Roman camp. William I. 
gave the lordship of Eye to Robert Malet, a Norman, who built a 
castle and a Benedictine monastery which was at first subordinate 
to the abbey of Bernay in Normandy. Eye is a borough by 
prescription. In 1203 King John granted to the townsmen a 
charter freeing them from various tolls and customs and from 
the jurisdiction of the shire and hundred courts. Later charters 
were granted by Elizabeth in 1558 and 1574, by James I. in 
1604, and by William III. in 1697. In 1574 the borough was 
newly incorporated under two bailiffs, ten chief and twenty-four 
inferior burgesses, and an annual fair on Whit-Monday and a 
market on Saturday were granted. Two members were returned 
to each parliament from 1571 till 1832, when the Reform Act 
reduced the membership to one. By the Redistribution Act of 
1885 the representation was merged in the Eye division of the 
county. The making of pillow-lace was formerly carried on 
extensively, but practically ceased with the introduction of 
machinery. 

EYE (0. Eng. edge, Ger. Auge; derived from an Indo-European 
root also seen in Lat. oc-ulus, the organ of vision (q.v.). 

Anatomy. — The eye consists of the eyeball, which is the true 
organ of sight, as well as of certain muscles which move it, and 
of the lachrymal apparatus which keeps the front of it in a 
moist condition. The eyeball is contained in the front of the 
orbit and is a sphere of about an inch (24 mm.) in diameter. 
From the front of this a segment of a lesser sphere projects 
slightly and forms the cornea (fig. 1, co). There are three coats 






h 


R Sc 









Fig. 1. — Diagrammatic Section 


through the Eyeball. 


cj, 


Conjunctiva. 




L, 


Lens. 


CO, 


Cornea. 




V, 


Vitreous body. 


Sc, 


Sclerotic. 




z, 


Zonule of Zinn, the ciliary 


ch, 


Choroid. 






process being removed to 


pc, 


Ciliary processes. 






show it. 


mc, 


Ciliary muscle. 




P, 


Canal of Petit. 


0, 


Optic nerve. 




m, 


Yellow spot. 


R, 


Retina. 






The dotted line behind the 


I, 


Iris. 


[humour. 




cornea represents its pos- 



aq\. Anterior chamber of aqueous 



terior epithelium. 



to the eyeball, an external (protective), a middle (vascular), and 
an internal (sensory). There are also three refracting media, the 
aqueous humour, the lens and the vitreous humour or body. 

The protective coat consists of the sclerotic in the posterior 
five-sixths and the cornea in the anterior sixth. The sclerotic 
(fig. 1, Sc) is a firm fibrous coat, forming the " white of the eye," 
which posteriorly is pierced by the optic nerve and blends with 
the sheath of that nerve, while anteriorly it is continued into the 
cornea at the corneoscleral junction. At this point a small canal, 
known as the canal of Schlemm, runs round the margin of the 
cornea in the substance of the sclerotic (see fig. 1). Between 
the sclerotic and the subjacent choroid coat is a lymph space 
traversed by some loose pigmented connective tissue, — the 



92 



EYE 



[ANATOMY 



lamina fusca. The cornea is quite continuous with the sclerotic 
but has a greater convexity. Under the microscope it is seen to 
consist of five layers. Most anteriorly there is a layer of stratified 
epithelium, then an anterior elastic layer, then the substantia 
propria of the cornea which is fibrous with spaces in which the 
stellate corneal corpuscles lie, while behind this is the posterior 
elastic layer and then a delicate layer of endothelium. The 
transparency of the cornea is due to the fact that all these 
structures have the same refractive index. 

The middle or vascular coat of the eye consists of the choroid, 
the ciliary processes and the iris. The choroid (fig. i , ch) does not 
come quite as far forward as the corneo-scleral junction: it is 
composed of numerous blood-vessels and pigment cells bound 
together by connective tissue and, superficially, is lined by a 
delicate layer of pigmented connective tissue called the lamina 
suprachoroidea in contact with the already-mentioned peri- 
choroidal lymph space. On the deep surface of the choroid is 
a structureless basal lamina. 

The ciliary processes are some seventy triangular ridges, 
radially arranged, with their apices pointing backward (fig. i, pc), 
while their bases are level with the corneo-scleral junction. 
They are as vascular as the rest of the choroid, and contain in their 
interior the ciliary muscle, which consists of radiating and circular 
fibres. The radiating fibres (fig. i, mc) rise, close to the canal of 
Schlemm, from the margin of the posterior elastic lamina of the 
cornea, and pass backward and outward into the ciliary processes 
and anterior part of the choroid, which they pujl forward when 
they contract. The circular fibres lie just internal to these and 
are few or wanting in short-sighted people. 

The iris (fig. i, /) is the coloured diaphragm of the eye, the 
centre of which is pierced to form the pupil; it is composed of a 
connective tissue stroma containing blood-vessels, pigment cells 
and muscle fibres. In front of it is a reflection of the same layer 
of eadothelium which lines the back of the cornea, while behind 
both it and the ciliary processes is a double layer of epithelium, 
deeply pigmented, which really belongs to the retina. The pig- 
ment in the substance of the iris is variously coloured in different 
individuals, and is often deposited after birth, so that, in newly- 
born European children, the colour of the eyes is of ten slate-blue 
owing to the black pigment at the back of the iris showing 
through. White, yellow or reddish-brown pigment is deposited 
later in the substance of the iris, causing the appearance, with 
the black pigment behind, of grey, hazel or brown eyes. In 
blue-eyed people very little interstitial pigment is formed, while 
in Albinos the posterior pigment is also absent and the blood- 
vessels give the pink coloration. The muscle fibres of the iris 
are described as circular and radiating, though it is still uncertain 
whether the latter are really muscular rather than elastic. On 
to the front of the iris, at its margin, the posterior layer of the 
posterior elastic lamina is continued as a series of ridges called 
the ligamentum pectinatum iridis, while between these ridges are 
depressions known as the spaces of Fontana. 

The inner or sensory layer of the wall of the eyeball is the 
retina; it is a delicate transparent membrane which becomes 
thinner as the front of the eye is approached. A short distance 
behind the ciliary processes the nervous part of it stops and 
forms a scalloped border called the ora serrata, but the pigmented 
layer is continued on behind the ciliary processes and iris, as 
has been mentioned, and is known as the pars ciliaris retinae 
and pars iridica retinae. Under the microscope the posterior 
part of the retina is seen to consist of eight layers. In its passage 
from, the lens and vitreous the light reaches these layers in the 
following order: — (i) Layer of nerve fibres; (2) Layer of ganglion 
cells; (3) Inner molecular layer; (4) Inner nuclear layer; (5) 
Outer molecular layer; (6) Outer nuclear layer; (7) Layer of 
rods and cones; (8) Pigmented layer. 

The layer of nerve fibres (fig. 2, 2) is composed of the axis-cylinders 
only of the fibres of the optic nerve which pierce the sclerotic, choroid 
and all the succeeding layers of the retina to radiate over its surface. 

The ganglionic layer (fig. 2, 3) consists of a single stratum of large 
ganglion cells, each of which is continuous with a fibre of the preced- 
ing layer Which forms its axon. Each also gives off a number of finer 
processes (dendrites) which arborize in the next layer. 



The inner molecular layer (fig. 2, <?) is formed by the interlacement 
of the dendrites of the iast layer with those of the cells of the inner 
nuclear layer which comes next. 

The inner nuclear layer (fig. 2, 5) contains three different kinds 
of cells, but the most important and numerous are large bipolar 
cells, which send one process into the inner molecular layer, as has 
just been mentioned, and the other into the outer molecular layer, 
where they arborize with the ends of the rod and cone fibres. 

The outer molecular layer (fig. 2, 6) is very narrow and is formed 
by the arborizations just described; The outer nuclear layer (fig. 
2, 7), like the inner, consists of oval cells, which are of two kinds.. 
The rod granules are transversely striped, and are connected ex- 
ternally with the rods, while internally processes pass into the outer 
molecular layer to end in a knob around which the arborizations 
of the inner nuclear cells lie. The cone granules are situated more 
externally, and are in close contact with the cones ; internally their 
processes form a foot-plate in the outer molecular layer from which 
arborizations extend. 

The layer of rods and cones (fig. 2, p) contains these structures, 
the rods being more numerous than the cones. The rods are spindle- 
shaped bodies, of which the inner segment is thicker than the outer. 
The cones are thicker and shorter than the rods, and resemble Indian 
clubs, the handles of which are directed outward and are transversely 
striped. In the outer part of the rods the visual purple or rhodopsin 
is found. 

The pigmented layer consists of a single layer of hexagonal cells 
containing pigment, which is capable of moving towards the rods 
and cones when the eye is' exposed to light and away from them in 
the dark. 

Supporting the delicate nervous structures of the retina are 
a series of connective tissue rods known as the fibres of Mutter 
(fig. 2, Ct) ; these run through the thickness of the retina at 




Fig. 2. — Diagrammatic section through the retina to show th& 
several layers, which are numbered as in the text. Ct, The radial 
fibres of the supporting connective tissue. 

right angles to its surface, and are joined together on the inner 
side of the layer of nerve fibres to form the inner limiting mem-' 
brane.. More externally, at the bases of the rods and cones, they 
unite again to form the outer limiting membrane. 

When the retina is looked at with the naked eye from in front 
two small marks are seen on it. One of these is an oval depression 
about 3 mm. across, which, owing to the presence of pigment, is 
of a yellow colour and is known as the yellow spot (macula 
lutea); it is situated directly in. the antero-posterior axis of the 
eyeball, and at its margin the nerve fibre layer is thinned and the 
ganglionic layer thickened. At its centre, however, both these 
layers are wanting, and in the layer of rods and cones only the 
cones are present. This central part is called the fovea centralis 
and is the point of acutest vision. The second mark is situated 
a little below and to the inner side of the yellow spot; it is a 
circular disk with raised margins and a depressed centre and is 
called the optic disk; in structure it is a complete contrast to the 
yellow spot, for all the layers except that of the nerve fibres are 
wanting, and consequently, as light cannot be appreciated here, 
it is known as the " blind spot." It marks the point of entry of 
the optic nerve, and at its centre the retinal artery appears and 
divides into branches. An appreciation of the condition of the 
optic disk is one of the chief objects of the ophthalmoscope. 

The crystalline lens (fig. 1, L) with its ligament separates the 
aqueous from the vitreous chamber of the eye; it is a biconvex 
lens the posterior surface of which is more curved than the an- 
terior. Radiating from the anteriorjand posterior poles are three 
faint lines forming a Y, the posterior Y being erect and the 
anterior inverted. Running from these figures are a series of 
lamellae, like the layers of an onion, each of which is made up of 
a number of fibrils called the lens fibres. On the anterior surface 
of the lens is a layer of epithelial cells, which, towards the margin 
or equator, gradually elongate into lens fibres. The whole lens 
is enclosed in an elastic structureless membrane, and, like the 



EMBRYOLOGY] 



EYE 



93 



cornea, its transparency is due to the fact that all its constituents 
have the same refractive index. 

The ligament of the lens is the thickened anterior part of the 
hyaloid membrane which surrounds the vitreous body; it is 
closely connected to the iris at the ora serrata, and then splits 
into two layers, of which the anterior is the thicker and blends 
with the anterior part of. the elastic capsule of the lens, so that, 
when its attachment to the ora serrata is drawn forward by the 
ciliary muscle, the lens, by its own elasticity, increases its con- 
vexity. Between the anterior and posterior splitting of the 
hyaloid membrane is a circular lymph space surrounding the 
margin of the lens known as the canal of Petit (fig. i, p). 

The aqueous humour (fig. i, aq) is contained between the lens 
and its ligament posteriorly and the cornea anteriorly. It is 
practically a very weak solution of common salt (chloride of 
sodium 1-4%). The space containing it is imperfectly divided 
into a large anterior and a small posterior chamber by a per- 
forated diaphragm — -the iris. 

The vitreous body or humour is a jelly which fills all the 
contents of - the eyeball behind the lens. It is surrounded by the 
hyaloid membrane, already noticed, and anteriorly is concave 
for the reception of the lens. 

From the centre of the optic disk to the posterior pole of the 
lens a lymph canal formed by a tube of the hyaloid membrane 
stretches through the centre of the vitreous body; this is the 
canal yf Stilling, which in the embryo transmitted the hyaloid 
artery to the lens. The composition of the vitreous is practically 
the same as that of the aqueous humour. 

The arteries of the eyeball are all derived from the ophthalmic 
branch of the internal carotid, and consist of the retinal which 
'enters the optic nerve far back in the orbit, the two long ciliaries, 
which run forward in the choroid and join the anterior ciliaries, 
from muscular branches of the ophthalmic, in the circulus iridis 
major round the margin of the iris, and the six to twelve short 
ciliaries which pierce the sclerotic round the optic nerve and 
supply the choroid and ciliary processes. 

The veins of the eyeball emerge as four or five trunks rather 
behind the equator; these are called from their appearance 
venae vorticosae, and open into the superior ophthalmic vein. In 
addition to these there is a retinal vein which accompanies its 
artery. 

Accessory Structures of the Eye. — The eyelids are composed of 
the following structures from in front backward: (i) Skin; (2) 
Superficial fascia; (3) Orbicularis palpebrarum muscle; (4) 
Tarsal plates of fibrous tissue attached to the orbital margin by 
the superior and inferior palpebral ligaments, and, at the junction 
of the eyelids, by the external and internal tarsal ligaments of 
which the latter is also known as the tendo oculi; (5) Meibomian 
glands, which are large modified sebaceous glands lubricating the 
edges of the lids and preventing them adhering, and Glands of 
Moll, large sweat glands which, when inflamed, cause a "sty "; 
(6) the conjunctiva, a layer of mucous membrane which lines the 
back of the eyelids and is reflected on to the front of the globe, 
the reflection forming the fornix: on the front of the cornea the 
conjunctiva is continuous with the layer of epithelial cells already 
mentioned. 

The lachrymal gland is found in the upper and outer part of 
the front of the orbit. It is about the size of an almond and 
has an upper (orbital) and a lower (palpebral) part. Its six to 
twelve ducts open on to the superior fornix of the conjunctiva. 

The lachrymal canals (canaliculi) (see fig. 3, 2 and 3) are 
superior and inferior, and open by minute orifices (puncta) on to 
the free margins of the two eyelids near their inner point of 
junction. They collect the tears, secreted by the lachrymal 
gland, which thus pass right across the front of the eyeball, con- 
tinually moistening the conjunctiva. The two ducts are bent 
round a small pink tubercle called the caruncula lachrymalis 
(fig. 3, 4) at the inner angle of the eyelids, and open into the 
lachrymal sac (fig. 3, 5), which lies in a groove in the lachrymal 
bone. The sac is continued down into the nasal duct (fig. 3, 6'), 
which is about \ inch long and opens into the inferior meatus of 
the nose, its opening being guarded by a valve. 




Fig. 3.- 



The orbit contains seven muscles, six of which rise close to the 
optic foramen. The levator palpebrae superioris is the highest, 
and passes forward to the superior tarsal plate and fornix of the 
conjunctiva. The superior and inferior recti are inserted into the 
upper and lower sur- 
faces of the eyeball re- 
spectively; they make 
the eye look inward as 
well as up or down. 
The external and in- 
ternal recti are inserted 
into the sides of the 
eyeball and make it 
look outward or in- ' 
ward. The superior 
oblique runs forward 
to a pulley in the inner 
and front part of the 
roof of the orbit, round 
which it turns to be 
inserted into the outer 
and back part of the 1 , Orbicular muscle, 
eyeball. It turns the 2, Lachrymal canal. 
glance downward and #> Punctum. 
outward. The inferior •*' Caruncula. . 

oblique rises from the inner and front part of the floor of the 
orbit, and is also inserted into the outer and back part of the 
eyeball. It directs the glance upward and outward. Of all 
these muscles the superior oblique is supplied by the fourth 
cranial nerve, the external rectus by the sixth and the rest by the 
third. 

The posterior part of the eyeball and the anterior parts of the 
muscles are enveloped in a lymph space, known as the capsule 
of Tenon, which assists their movements. 

Embryology. — As is pointed out in the article Brain, the 
optic vesicles grow out from the fore-brain, and the part nearest 
the brain becomes constricted and elongated to form the optic 
stalk (see figs. 4 and 5,./3). At the same time the ectoderm 
covering the side of the head thickens and becomes invaginated 
to form the lens vesicle (see figs. 4 and 5, 5), which later loses its 
connexion with the surface and approaches the optic vesicle, 
causing that structure to become cupped for its reception, so 
that what was the optic vesicle becomes the optic cup and consists 
of an external and an internal layer of cells (fig. 6 /3 and 8). Of 
these the outer cells become the retinal pigment, while the 
inner form the other layers of the retina. The invagination of 
the optic cUp extends, as the choroidal fissure (not shown in the 



-Lachrymal Canals and Duct. 

5, Lachrymal sac. 

6, Lachrymal duct. 

7, Angular artery. 





Fig. 4. 
Diagram of Developing 

Eye (1st stage). 
a, Forebrain. 
ff, Optic vesicle. 
7, Superficial ectoderm. 
S, Thickening for lens. 



Fig. 5. 
Diagram of Developing 

Eye (2nd stage). 
18, Optic cup. 
5, Invagination of lens. 
Other letters as In 
fig. 4. 



diagrams), along the lower and back part of the optic stalk, and 
into this slit sinks some of the surrounding mesoderm to form 
the vitreous body and the hyaloid arteries, one of which persists. 1 
When this has happened the fissure closes up. The anterior 
epithelium of the lens vesicle remains, but from the posterior 
the lens fibres are developed and these gradually fill up the 
cavity. The superficial layer of head ectoderm, from which the 
lens has been invaginated and separated, becomes the anterior 

1 Some embryologists regard the vitreous body as formed from 
the ectoderm (see Quain's Anatomy, vol. i., 1908). 



94 



EYE 



[COMPARATIVE ANATOMY 




epithelium of the cornea (fig. 6, e), and between it and the lens 
the mesoderm sinks in to form the cornea, iris and anterior 
chamber of the eye, while surrounding the optic cup the meso- 
derm forms the sclerotic and choroid 
' coats (fig. 7,7; and f). Up to the seventh 
month the pupil is closed by the mem- 
brana papillaris, derived from the cap- 
sule of the lens which is part of the 
mesodermal ingrowth through the 
choroidal fissure already mentioned. 
The hyaloid artery remains, as a pro- 
longation of the retinal artery to the 
lens, until just before birth, but after 
Diagram of Developing tnat its sheath forms the canal of 
Eye (3rd stage). Stilling. Most of the fibres of the 
S, Solid lens. optic nerve are centripetal and begin 

t, Corneal epithelium. as the axons of the gang ii on i c ce U s of 

Other letters as in ., , . , t. .. • 

the retina; a few, however, are centri- 
fugal and come from the nerve cells in 
the brain. 

The eyelids are developed as ecto- 
dermal folds, which blend with one 
another about the third month and 
separate again before birth in Man 
(fig. 7, k). The lachrymal sac and 
duct are formed from solid ectoder- 



Fig. 6. 



figs. 4 and 5. 




Fig. 7. 



Diagram of Developing - a _ a i: 7p j 
Eye (4th stage). canallzecl - 
The mesodermal 
tissues are dotted. 
Choroid and Iris. 



mal thickenings which later become 



It will thus be seen that the optic 
nerve and retina are formed from the 
brain ectoderm; the lens, anterior epi- 

0, Vitreous 3 ^ thelium of the cornea > skin of the e y elids > 

«,' Aqueous. conjunctiva and lachrymal apparatus 

k, Eyelids. from the superficial ectoderm; while the 

sclerotic, choroid, vitreous and aqueous 
humours as well as the iris and cornea are derived from the 
mesoderm. 

See Human Embryology, by C. S. Minot (New York); Quain's 
Anatomy, vol. i. (1908) ; " Entwickelung dcs Auges der Wirbel- 
tiere," by A. Froriep, in Handbuch der vergleichenden und experi- 
mentellen Entwickelungslehre der Wirbeltiere (O. Hertwig, Jena, 
1905)- 

Comparative Anatomy. — The Acrania, as represented by 
Amphioxus (the lancelet), have a patch of pigment in the fore 
part of the brain which is regarded as the remains of a degenerated 
eye. In the Cyclostomata the hag (Myxine) and larval lamprey 
(Ammocoetes) have ill-developed eyes lying beneath the skin and 
devoid of lens, iris, cornea and sclerotic as well as eye muscles. 
In the adult lamprey (Petromyzon) these structures are developed 
at the metamorphosis, and the skin becomes transparent, render- 
ing sight possible. Ocular muscles are developed, but, unlike 
most vertebrates, the inferior rectus is supplied by the sixth 
nerve while all the others are supplied by the third. In all 
vertebrates the retina consists of a layer of senso-neural cells, 
the rods and cones, separated from the light by the other layers 
which together represent the optic ganglia of the invertebrates; 
in the latter animals, however, the senso-neural cells are nearer 
the light than the ganglia. 

In fishes the eyeball is flattened in front, but the flat cornea 
is cornpensated by a spherical lens, which, unlike that of other 
.vertebrates, is adapted for near vision when at rest. The iris 
in some bony fishes (Teleostei) is not contractile. In the 
Teleostei, too, there is a process of the choroid which projects 
into the vitreous chamber and runs forward to the lens; it is 
known as the processus falciformis, and, besides nourishing the 
lens, is concerned in accommodation. This specialized group 
of fishes is also remarkable for the possession of a so-called 
choroid gland, which is really a rete mirabile (see Arteries) 
between the choroid and sclerotic. The sclerotic in fishes is 
usually chondrified and sometimes calcified or ossified. In the 
retina the rods and cones are about equal in number, and the 
cones are very large. In the cartilaginous fishes (Elasmobranchs) 



there is a silvery layer, called the tapetum lucidum, on the retinal 
surface of the choroid. 

In the Amphibia the cornea is more convex than in the fish, 
but the lens is circular and the sclerotic often chondrified. There 
is no processus falcifcrmis or tapetum lucidum, but the class 
is interesting in that it shows the first rudiments of the ciliary 
muscle, although accommodation is brought about by shifting 
the lens. In the retina the rods outnumber the cones and these 
latter are smaller than in any other animals. In some Amphibians 
coloured oil globules are found in connexion with the cones, 
and sometimes two cones are joined, forming double or twin 
cones. 

In Reptilia the eye is spherical and its anterior part is often 
protected by bony plates in the sclerotic (Lacertilia and Chelonia) . 
The ciliary muscle is striated, and in most reptiles accommodation 
is effected by relaxing the ciliary ligament as in higher vertebrates, 
though in the snakes (Ophidia) the lens is shifted as it is in the 
lower forms. Many lizards have a vascular projection of the 
choroid into the vitreous, foreshadowing the pecten of birds 
and homologous with the processus falciformis of 'fishes. In 
the retina the rods are scarce or absent. 

In birds the eye is tubular, especially in nocturnal and raptorial 
forms: this is due to a lengthening of the ciliary region, which is 
always protected by bony plates in the sclerotic. The pecten, 
already mentioned in lizards, is a pleated vascular projection 
from the optic disk towards the lens which in some cases it reaches. 
In Apteryx this structure disappears. In the retina the cones 
outnumber the rods, but are not as numerous as in the reptiles. 
The ciliary muscle is of the striped variety. 

In the Mammalia the eye is largely enclosed in the orbit, and 
bony plates in the sclerotic are only found in the monotremes. 
The cornea is convex except in aquatic mammals, in which it is 
flattened. The lens is biconvex in diurnal mammals, but in 
nocturnal and aquatic it is spherical. There is no pecten, but 
the numerous hyaloid arteries which are found in the embryo 
represent it. The iris usually has a circular pupil, but in some 
ungulates and kangaroos it is a transverse slit. In the Cetacea 
this transverse opening is kidney-shaped, the hilum of the kidney 
being above. In many carnivores, especially nocturnal ones, 
the slit is vertical, and this form of opening seems adapted to a 
feeble light, for it is found in the owl, among birds. The tapetum 
lucidum is found in Ungulata, Cetacea and Carnivora. The 
ciliary muscle is unstriped. In the retina the rods are more 
numerous than the cones, while the macula lutea only appears 
in the Primates in connexion with binocular vision. 

Among the accessory structures of the eye the retractor bulbi 
muscle is found in amphibians, reptiles, birds and many mam- 
mals; its nerve supply shows that it is probably a derivative of 
the external or posterior rectus. The nictitating membrane 
or third eyelid is well-developed in amphibians, reptiles, birds 
and some few sharks; it is less marked in mammals, and in 
Man is only represented by the little plica semilunaris. When 
functional it is drawn across the eye by special muscles derived 
from the retractor bulbi, called the bursalis and pyramidalis. 
In connexion with the nictitating membrane the Harderian 
gland is developed, while the lachrymal gland secretes fluid 
for the other eyelids to spread over the conjunctiva. These 
two glands are specialized parts of a row of glands which in the 
Urodela (tailed amphibians) are situated along the lower eyelid; 
the outer or posterior part of this row becomes the lachrymal 
gland, which in higher vertebrates shifts from the lower to the 
upper eyelid, while the inner or anterior part becomes the 
Harderian gland. Below the amphibians glands are not necessary, 
as the water keeps the eye moist. 

The lachrymal duct first appears in the tailed amphibians; 
in snakes and gecko lizards, however, it opens into the mouth. 

For literature up to 1900 see R. Wiedersheim's VergleichenOe 
Anatomie der Wirbeltiere (Jena, 1902). Later literature is noticed 
in the catalogue of the Physiological Series of the R. College of 
Surgeons of England Museum, vol. iii. (London, 1906). (F. G. P.) 

Eye Diseases. — The specially important diseases of the eye 
are those which temporarily or permanently interfere with 



DISEASES] 



EYE 



95 



sight. In considering the pathology, of the eye it may be re- 
membered that (i) it is a double organ, while (2) either eye 
may have its own trouble. 

1. The two eyes act together, under normal conditions, for 
all practical purposes exactly as if there were but one eye placed 
in the middle of the face. All impressions made upon either 
retina, to the one side of a vertical line through the centre, the 
fovea centralis, before giving rise to conscious perception cause 
a stimulation of the same area in the brain. Impressions 
formed simultaneously, for instance, on the right side of the 
right retina and on corresponding areas of the right-side of the 
left retina, are conveyed to the same spots in the right occipital 
lobe of the brain. Pathological processes, therefore, which are 
localized in the right or left occipital lobes, or along any part of 
the course of the fibres which pass from the right or left optic 
tracts to these " visual centres," cause defects in function of 
the right or left halves of the two retinae. Hemianopia, or half- 
blindness, arising from these pathological changes, is of very 
varying degrees of severity, according to the nature and extent of 
the particular lesion. The blind areas in the two fields of vision, 
corresponding to the outward projection of the paralysed retinal 
areas, are always symmetrical both in shape and degree. The 
central lesion may for instance be very small, but at the same 
time destructive to the nerve tissue. This will be revealed as 
a sector-shaped or insular symmetrical complete blindness in 
the fields of vision to the opposite side. Or a large central area, 
or an area comprising many or all of the nerve fibres which pass 
to the visual centre on one side, may be involved in a lesion 
which causes impairment of function, but no actual destruction 
of the nerve tissue. There is thus caused a symmetrical weaken- 
ing of vision {amblyopia) in the opposite fields. In such cases 
the colour vision is so much more evidently affected than the 
sense of form that the condition has been called hemiachroma- 
topsia or half-colour blindness. Hemianopia may be caused 
by haemorrhage, by embolism, by tumour growth which either 
directly involves the visual nerve elements or affects them by 
compression and by inflammation. Transitory hemianopia 
is rare and is no doubt most frequently of toxic origin. 

The two eyes also act as if they were one in accommodating. 
It is impossible for the two eyes to accommodate simultaneously 
to different extents, so that where there is, as occasionally 
happens, a difference in focus between them, this difference 
remains the same for all distances for which they are adapted. 
In such cases, therefore, both eyes cannot ever be accurately 
adapted at the same time, though either may be alone. It 
often happens as a consequence that the one eye is used to receive 
the sharpest images of distant, and the other of near objects. 
Any pathological change which leads to an interference in the 
accommodating power of one eye alone must have its origin in a 
lesion which lies peripherally to the nucleus of the third cranial 
nerve. Such a lesion is usually one of the third nerve itself. 
Consequently, a unilateral accommodation paresis is almost 
invariably associated with pareses of some of the oculo-motor 
muscles. A bilateral accommodation paresis is not uncommon. 
It is due to a nuclear or more central cerebral disturbance. 
Unlike a hemianopia, which is mostly permanent, a double 
accommodation paresis is frequently transitory. It is often a 
post-diphtheritic condition, appearing alone or associated with 
other paresis. 

Both eyes are also normally intimately associated in their 
movements. They move in response to a stimulus or a com- 
bination of stimuli, emanating from different centres of the 
brain, but one which is always equally distributed to the corre- 
sponding muscles in both eyes, so that the two lines of fixation 
meet at the succession of points on which attention is directed. 
The movements are thus associated in the same direction, to 
the right or left, upwards or downwards, &c. In addition, 
owing to the space which separates the two eyes, convergent 
movements, caused by stimuli equally distributed between the 
two internal recti, are required for the fixation of nearer and 
nearer-lying objects. These movements would not be necessary 
in the case of a single eye. It would merely have to accommodate. 



The converging movements of the double eye occur in association 
with accommodation, and thus a close connexion becomes 
established between the stimuli to accommodation and con- 
vergence. All combinations of convergent and associated 
movements are constantly taking place normally, just as if a 
single 'centrally-placed eye were moved in all. directions and 
altered its accommodation according to the distance, in any 
direction, of the object which is fixed. 

Associated and convergent movements may be interfered 
with pathologically in different ways. Cerebral lesions may 
lead to their impairment or complete abolition, or they may 
give rise to involuntary spasmodic action, as the result of 
paralysing or irritating the centres from which the various 
co-ordinated impulses are controlled or emanate. Lesions which 
do not involve the centres may prevent the response to associated 
impulses in one eye alone by interfering with the functional 
activity of one or more of the nerves along which the stimuli 
are conveyed. Paralysis of oculo-motor nerves is thus a common 
cause of defects of association in the movements of the double 
eye. The great advantage of simultaneous binocular vision — 
viz. the appreciation of depth, or stereoscopic vision — is thus 
lost for some, or it may be all directions of fixation. Instead 
of seeing singly with two eyes, there is then double-vision 
(diplopia). This persists so long as the defect of association 
continues, or so long as the habit of mentally suppressing the 
image of the faultily-directed eye is not acquired. 

In the absence of any nerve lesions, central or other, interfering 
with their associated movements, the eyes continue throughout 
life to respond equally to the stimuli which cause these move- 
ments, even when, owing to a visual defect of the one eye, 
binocular vision has become impossible. It is otherwise, however, 
with the proper co-ordination of convergent movements. These 
are primarily regulated by the unconscious desire for binocular 
vision, and more or less firmly associated with accommodation. 
When one eye becomes blind, or when binocular vision for other 
reasons is lost, the impulse is gradually, as it were, unlearnt. 
This is the cause of divergent concomitant squint. Under some- 
what similar conditions a degree of convergence, which is in 
excess of the requirements of fixation, may be acquired from 
different causes. This gives rise to convergent concomitant 
squint. 

For Astigmatism, &c, see the article Vision. 

2. Taking each eye as a single organ, we find it to be subject 
to many diseases. In some cases both eyes may be affected in 
the same way, e.g. where the local disease is a manifestation of 
some general disturbance. Apart from the fibrous coat of the 
eye, the sclera, which is little prone to disease, and the external 
muscles and other adnexa, the eye may be looked upon as 
composed of two elements, (a) the dioptric media, and (b) the 
parts more or less directly connected with perception. Patho- 
logical conditions affecting either of these elements may interfere 
with sight. 

The dioptric media, or the transparent portions which are con- 
cerned in the transmission of light to, and the formation of images 
upon, the retina, are the following: the cornea, the aqueous 
humour, the crystalline lens and the vitreous humour. Loss of 
transparency in any cf these media leads to blurring of the retinal 
images of external objects. In addition to loss of transparency 
the cornea may have its curvature altered by pathological pro- 
cesses. This necessarily causes imperfection of sight. The 
crystalline lens, on the other hand, may be dislocated, and thus 
cause image distortion. 

The Cornea. — The transparency of the cornea is mainly lost 
by imflammation {keratitis), which causes either an infiltration of 
its tissues with leucocytes, or a more focal, more destructive 
ulcerative process. 

Inflammation of the cornea may be primary or secondary, 
i.e. the inflammatory changes met with in the corneal tissue 
may be directly connected with one or more foci of inflammation 
in the cornea itself or the focus or foci may be in some other part 
of the eye. Only the very superficial forms of primary keratitis, 
those confined to the epithelial layer, leave no permanent change; 



96 



EYE 



[DISEASES 



there is otherwise always a loss of tissue resulting from the 
inflammation and this loss is made up for by more or less densely 
intransparent connective tissue (nebula, leucoma). These accord- 
ing to. their site and extent cause greater or less visual disturb- 
ance. Primary keratitis may be ulcerative or non-ulcerative, 
superficial or deep, diffuse or circumscribed, vascularized or , 
non-vascularized. It may be complicated by deeper inflamma- 
tions of the eye such as iritis and cyclitis. In some cases the 
anterior chamber is invaded by pus {hypopyon). The healing 
of a corneal ulcer is characterized by the disappearance of pain 
where this has been a symptom and by the rounding off of its 
sharp margins as epithelium spreads over them from the surround- 
ing healthy parts. Ulcers tend to extend either in depth or 
superficially, rarely in. both manners at the same time. A deep 
ulcer leads to perforation with more or less serious consequences 
according to the extent of the perforation. Often an eye bears 
permanent traces of a perforation in adhesion of the iris to the 
back of a corneal scar or in changes in the lens capsule (cap- 
sular cataract). In other cases the ulcerated cornea may yield 
to pressure from within, which causes it to bulge forwards 
(staphyloma) . 

The principal causes of primary keratitis are traumata and 
infection from the conjunctiva. Traumata are most serious when 
the body causing the wound is not aseptic or when micro- 
organisms from some other source, often the conjunctiva and 
tear-sac, effect a lodgment before healing of the wound has 
sufficiently advanced. In infected cases a complication with 
iritis is not uncommon owing to the penetration of toxines into 
the. anterior chamber. 

Inflammations of the cornea are the most important diseases 
of the eye, because they are among the most frequent, because 
of the value of the cornea to vision and because much good can 
often be done by judicious treatment and much harm result 
frorn wrong interference and neglect. The treatment of primary 
keratitis must vary according to the cause. Generally speaking 
the aim should be to render the ulcerated portions, as aseptic 
as possible without using applications which are apt to cause 
a great deal of irritation and thus interfere with healing. On 
this account it is important to be able to recognize when healing 
is. taking place, for as soon as this is the case, rest, along with 
frequent irrigation of the conjunctiva with sterilized water at 
the body temperature, and occasionally mild antiseptic irrigation 
of the nasal mucous membrane is all that is required. It is a 
common and dangerous mistake to over treat. 

Of local antiseptics which are of use may be mentioned the 
actual cautery, chlorine water, freshly prepared silver nitrate or 
protargol, and the yellow oxide of mercury. These different 
agents are of course not all equally applicable in any given 
case ; it depends upon the severity as well as upon the 
nature, of the inflammation which is the most suitable. For 
instance, the actual cautery is employed only in the case of the 
deeper septic or malignant ulcers, in which the destruction of 
tissue is already considerable and tending to spread further. 
Again the yellow oxide of mercury should only be used in the 
more superficial, strumous forms of inflammation. Many other 
substances are also in use, but need not here be referred to. 

Secondary keratitis takes the form of an interstitial deposit of 
leucocytes between the layers of the cornea as well as often of 
vascularization, sometimes intense, from the deeper network 
of vessels (anterior ciliary) surrounding the cornea. The duration 
of- a secondary keratitis is usually prolonged, often lasting many 
months. More or less complete restoration of transparency is the 
rule, however, eventually. 

No local treatment is called for except the shading of the eyes 
and in most cases the use of a mydriatic to prevent synechiae 
when the iris is involved. Often it is advisable to do something 
for the general health. In young people there is probably nothing 
better than cod-liver oil and syrup of the iodide of iron. In- 
herited syphilis, tuberculous and other inflammations are the 
causes of secondary keratitis. 

Neuroparalytic Keratitis— -When the fifth nerve is paralysed 
there is a tendency for the cornea to become inflamed. Different 



forms of inflammation may then occur which all, besides anaes- 
thesia, show a marked slowness in healing. The main cause of 
neuro-paralytic keratitis lies in the greater vulnerability of 
the cornea. The prognosis is necessarily bad. The treatment 
consists in as far as possible protecting the eye from external 
influences, by keeping it tied up, and by frequently irrigating 
with antiseptic lotions. 

■ Certain non-inflammatory and degenerative changes are met 
with in the cornea. Of these may be mentioned keratoconus 
or conical corneaj in which, owing to some disturbance of vitality, 
the nature ef which has not been discovered, the normal curvature 
of the cornea becomes altered to something more of a hyberboloid 
of revolution, with consequent impairment of vision: arms 
senilis, a whitish opacity due to fatty degeneration, extending 
round the corneal margin, varying in thickness in different 
subjects and usually only met with in old people: transverse 
calcareous film, consisting of a finely punctiform opacity extend- 
ing, in a tolerably uniformly wide band, occupying the zone of 
the cornea which is left uncovered when the lids are half closed. 

Tumours of the cornea are not common. Those chiefly met 
with are dermoids, fibromata, sarcomata and epitheliomata. 

Srfen/w.— Inflammation of the sclera is confined to its anterior 
part which is covered by conjunctiva. Scleritis may occur in 
circumscribed patches or may be diffused in the shape of a belt 
round the cornea. The former is usually more superficial and 
uncomplicated, the latter deeper and complicated with corneal 
infiltration, irido-cyclitis and anterior choroiditis. Superficial 
scleritis or, as it is often called, episcleritis, is a long-continued 
disease which is associated with very varying degrees of dis- 
comfort. The chronic nature of the affection depends mainly 
upon the tendency that the inflammation has to recur in successive 
patches at different parts of the sclera. Often only one eye at a 
time is affected. Each patch lasts for a month or two and is 
succeeded by another after an interval of varying duration. 
Months or years may elapse between the attacks. The cicatricial 
site of a previous patch is rarely again attacked. The scleral 
infiltration causes a firm swelling, often sensitive to touch, over 
which the conjunctiva is freely movable. The overlying con- 
junctiva is always injected. The infiltration itself at the height 
of the process is densely vascularized. Seen through the con- 
junctiva its vessels have a darker, more purplish hue than the 
superficial ones. The swelling caused by the infiltration gradu- 
ally subsides, leaving a cicatrix to which the overlying conjunctiva 
becomes adherent. The cicatrix has a slaty porcellanous- 
looking colour. Superficial scleritis occurs in both sexes with 
about equal frequency. No definite cause for the inflammation 
is known. The treatment 'on the whole is unsatisfactory. 
Burning down the nodules with the actual cautery, and sub- 
sequently a visit to such baths as Harrogate, Buxton, Homburg 
and Wiesbaden, may be recommended. 

Deep scleritis with its attendant complications is altogether 
a more serious disease. Etiologically it is equally obscure. 
Bpth eyes are almost always attacked. It more generally occurs 
in young people, mostly in young women. Deep scleritis is 
more persistent and less subject to periods of intermission than 
episcleritis. The deeper and more wide-spread inflammatory 
infiltrations of the sclera lead eventually to weakening of that 
coat, and cause it to yield to the intra-ocular pressure. Vision 
suffers from extension of the infiltration to the cornea, or from 
iritis with its attendant synechiae, or from anterior choroiditis, 
and sometimes also from secondary glaucoma. The treatment 
is on the whole unsatisfactory. Iridectomy, especially if done 
early in the process, may be of use. 

The Aqueous Humour. — Intransparencyof the aqueous humour 
is always due to some exudation. This comes either from the 
iris or the ciliary processes, and may be blood, pus or fibrin. 
An exudation in this situation tends naturally to gravitate to 
the most dependent part, and, in the case of biood or pus, is 
known as hyphaema or hypopyon. 

The Crystalline Lens Cataract. — Intransparency of the crys- 
talline lens is technically known as cataract. Cataract may be 
idiopathic and uncomplicated, or traumatic, or secondary to 



DISEASES] 



EYE 



97 



disease in the deeper parts of the eye. The modified epithelial 
structure of which the lens is composed is always being added to 
throughout life. The older portions of the lens are consequently 
the more central. They are harder and less elastic. This 
arrangement seems to predispose to difficulties of nutrition. 
In many people, in the absence altogether of general or local 
disease, the transparency of the lens is lost owing to degeneration 
of the incompletely-nourished fibres. This idiopathic cataract 
mostly occurs in old people; hence the term senile cataract. 
So-called senile cataract is not, however, necessarily associated 
with any general senile changes. An idiopathic uncomplicated 
cataract is also met with as a congenital defect due to faulty 
development of the crystalline lens. A particular and not 
uncommon form of this kind of cataract, which may also develop 
during infancy, is lamellar or zonular cataract. This is a partial 
and stationary form of cataract in which, while the greater part 
of the lens retains its transparency, some of the lamellae are 
intransparent. Traumatic cataract occurs in two ways : by 
laceration or rupture of the lens capsule, or by nutritional changes 
consequent upon injuries to the deeper structures of the eye. 
The transparency of the lens is dependent upon the integrity 
of its capsule. Penetrating wounds of the eye involving the 
capsule, or rupture of the capsule from severe blows on the eye 
without perforation of its coats, are followed by rapidly develop- 
ing cataract. Severe non-penetrating injuries, which do not 
cause rupture of the capsule, are sometimes followed, after a 
time, by slowly-progressing cataract. Secondary cataract is 
due to abnormalities in the nutrient matter supplied to the lens 
owing to disease of the ciliary body, choroid or retina. In some 
diseases, as diabetes, the altered general nutrition tells in the 
same way on the crystalline lens. Cataract is then rapidly 
formed. All cases of cataract in diabetes are not, however, 
necessarily true diabetic cataracts in the above sense. Disloca- 
tions of the lens are traumatic or congenital. In old-standing 
disease of the eye the suspensory ligament may yield in part, 
and thus lead to lens dislocation. The lens is practically always 
cataractous before this takes place. 

The Vitreous Humour. — The vitreous humour loses its trans- 
parency owing to exudation from the inflamed ciliary body or 
choroid. The exudation may be fibrinous or purulent; the 
latter only as a result of injuries by which foreign bodies or 
septic matter are introduced into the eye or in metastatic 
choroiditis. Blood may also be effused into the vitreous from 
rupture of retinal, ciliary or choroidal vessels. The pathological 
significance of the various effusions into the vitreous depends 
greatly upon the cause. In many cases effusion and absorption 
are constantly taking place simultaneously. The extent of 
possible clearing depends greatly upon the preponderance of 
the latter process. 

Diseases of the Iris and Ciliary Body.— Inflammation of the 
iris, iritis, arises from different causes. The various idiopathic 
forms have relations to constitutional disturbances such as 
rheumatism, gout, albuminuria, tuberculosis, fevers, syphilis, 
gonorrhoea and others, or they may come from cold alone. 
Traumatic and infected cases are attributable to accidents, 
the presence of foreign bodies, operations, &c. In addition, 
iritis may be secondary to keratitis, scleritis or choroiditis. 
The beginning of an attack of inflammation of the iris is char- 
acterized by alterations in its colour due to hyperaemia and by 
circumcorneal injection. Later on, exudation takes place into 
the substance of the iris, causing thickening and also a loss of 
gloss of its surface. According to the nature and severity of 
the exudation there may be deposits formed on the back of the 
cornea, attachments between the iris and lens capsule (synechiae) , 
or even gelatinous-looking coagulations or pus in the anterior 
chamber. 

The subjective symptoms to which the inflammation may 
give rise are dread of light (photophobia), pain, generally most 
severe at night and often very great, also more or less impairment 
of sight. Along with the pain and photophobia there is lacryma- 
tion. An acute attack of iritis usually lasts about six weeks. 
Some cases become chronic and last much longer. Others are 
x. 4 



chronic from the first, and in one clinical type of iritis, in which 
the ciliary body is also at the same time affected, viz. iritis 
serosa, there is usually comparatively little injection of the eye 
or pain, so that the patient's attention may only be directed to 
the eye owing to the gradual impairment of sight which results. 
In some cases, and more particularly in men, there is a tendency 
to the recurrence at longer or shorter intervals of attacks ol 
iritis (recurrent iritis). In these cases, as well as in all cases oi 
plastic iritis which have not been properly treated, serious 
consequences to sight are apt to follow from the binding down 
of the iris to the lens capsule and the occlusion of the pupil by 
exudation. 

Inflammation of the ciliary body, cyclitis, is frequently asso- 
ciated with iritis. This association is probable in all cases where 
there are deposits on the posterior surface of the cornea. It is 
certain where there are changes in the intra-ocular tension. 
Often in cyclitis there is a very marked diminution in tension. 
Cyclitis is also present when the degree of visual disturbance 
is greater than can be accounted for by the visible changes in 
the pupil and anterior chamber. The exudation may, as in 
iritis, be serous, plastic or purulent. It passes from the two 
free surfaces of the ciliary body into the posterior aqueous, and 
into the vitreous, chambers. This produces, what is a constant 
sign of cyclitis, more or less intransparency of the vitreous 
humour. Where there has been excessive exudation into the 
vitreous, subsequent shrinking and liquefaction take place, 
leading to detachment of the retina and consequent blindness. 

The treatment of iritis necessarily differs to some extent 
according to the cause. The general treatment applicable to 
all cases need only be here considered. What should be aimed 
at, at the time of the inflammation, is to put the eye as far as 
possible at rest, to prevent the formation of synechiae and 
alleviate the pain. An attempt should be made to get the pupil 
thoroughly dilated with atropine. The dilatation should be kept 
up as long as any circumcorneal injection lasts. If a case of 
iritis be left to itself or treated without the use of a mydriatic, 
posterior synechiae almost invariably form. Some fibrinous 
exudation may even organize into a membrane stretching 
across, and more or less completely occluding, the pupil. 
Synechiae, though not of themselves causing impairment of 
vision, increase the risk that- the eye runs from subsequent 
attacks of iritis. It should however be remembered that as 
the main call for a mydriatic is to prevent synechiae, the raison 
d'etre for its use no longer exists when, having been begun too 
late, the pupil cannot properly be dilated by it. Under these 
conditions it may even do harm. The eyes should also be kept 
shaded from the light by the use of a shade or neutral-tinted 
glasses. During an attack any use of the eyes for reading or 
sewing or work of any kind calling for accommodation must be 
prohibited. This applies equally to the case of inflammation 
in one eye alone and in both. 

Pain is best relieved by hot fomentations, cocain, and in 
many cases the internal use of salicin or phenacetin. The 
treatment sometimes required for cases of old iritis is iridectomy. 
The operation is called for in two different classes of cases. 
In the first place, to improve vision where the pupil is small, and 
to a great extent occluded, though the condition has not so far 
led to serious nutritive changes; and in the second place, with 
the object as well of preventing the complete destruction of 
vision which either the existing condition or the danger of 
recurrence of the inflammation has threatened. Iridectomy 
for iritis should be performed when the inflammation has 
entirely subsided. The portion of iris excised should be large. 
The operation is urgently called for where the condition of iris 
bombans exists. 

Iris tumours, either simple or malignant, are of rare occurrence. 

A frequent result of a severe blow on the eye is a separation 
of a portion of the iris from its peripheral attachment (iridodi- 
alysis). Of congenital anomalies the most commonly met witl) 
are coloboma and more or less persistence of the foetal pupillary 
membrane. The most serious form of irido-cyclitis is that which 
may follow penetrating wounds of the eye. Under certain 



9 8 



EYE 



[DISEASES 



conditions this leads to a similar inflammation in the other eye. 
This so-called sympathetic ophthalmitis is of a malignant type, 
causing destruction of the sympathizing eye. 

The Retina. — Choroidal inflammations are generally patchy, 
various foci of inflammation being scattered over the choroid. 
These patches may in course of time become more or less con- 
fluent. The effect upon vision depends upon the extent to which 
the external or percipient elements of the retina become involved. 
It is especially serious when the more central portions of the 
retina, are thus affected (choroido-retinitis centralis). 

A peculiar and grave pathological condition of the eye is what 
is known as glaucoma. A characteristic of this condition is 
increase of the intra-ocular tension, which has a deleterious 
effect on the optic nerve end and its ramifications in the retina. 
The cause of the rise of tension is partly congestive, partly 
mechanical. The effect of glaucoma, when untreated, is to cause 
ever-increasing loss of sight, although the time occupied by the 
process before it leads to complete blindness varies within such 
extraordinary wide limits as from a few hours to many years. 
The uveal tract may be the site of sarcoma. 

The retina is subject to inflammation, to detachment from the 
choroid, to haemorrhages from the blood-vessels and to tumour. 
Retinal inflammation may primarily affect either the nerve 
elements or the connective tissue framework. The former is 
usually associated with some general disease such as albuminuria 
or diabetes and is bilateral. The tissue changes are oedema, the 
formation of exudative patches, and haemorrhage. Where the 
connective tissue elements are primarily affected, the condition 
is a slow one, similar to sclerosis of the central nervous system. 
The gradual blindness which this causes is due to compression 
of the retinal nerve elements by the connective tissue hyperplasia, 
which is always associated with characteristic changes in the 
disposition of the retinal pigment. This retinal sclerosis is 
consequently generally known as retinitis pigmentosa, a disease 
to which there is a hereditary predisposition. Besides occurring 
during inflammation, haemorrhages into the retina are met with 
in phlebitis of the central retinal vein, which is almost invariably 
unilateral, and in certain conditions of the blood, as pernicious 
anaemia, when they are always bilateral. 

The optic nerve is subject to inflammation (optic neuritis) 
and atrophy. Double optic neuritis, affecting, however, only 
the intra-ocular ends of the nerves, is an almost constant 
accompaniment of brain tumour. Unilateral neuritis has a 
different causation, depending upon an inflammation, mainly 
perineuritic, of the nerve in the orbit. It is analogous to 
peripheral inflammation of other nerves, such as the third, 
fourth, sixth and seventh cranial nerves. 

Diseases of the Conjunctiva. — These are the most frequent 
diseases of the eye with which the surgeon has to deal. They 
generally lead to more or less interference with the functional 
activity of the eye and often indeed to great impairment of vision 
owing to the tendency which there is for the cornea to become 
implicated. 

Many different micro-organisms are of pathogenetic importance 
in connexion with the conjunctiva. Microbes exist in the normal 
conjunctival sac. These are mostly harmless, though it is usual 
to find at any rate a small proportion of others which are known 
to be pyogenetic. This fact is of great importance in connexion 
both with problems of etiology and the practical question of 
operations on the eye. 

Hyperaemia. — When the conjunctiva becomes hyperaemic 
its colour is heightened and its transparency lessened. Some- 
times too it becomes thickened and its surface altered in appear- 
ance. The often marked heightening of colour is due to the very 
superficial position of the dilated vessels. This is specially the 
case with that part of the membrane which forms the transition 
fold between the palpebral and the ocular conjunctiva. Con- 
sequently it is there that the redness is most marked, while it is 
seen to diminish towards the cornea. An important diagnostic 
mark is thus furnished between purely conjunctival hyperaemia 
and what is called circumcorneal congestion, which is always 
an indication of more deep-seated vascular dilatation. It also 



differs materially from a scleral injection, in which there is a 
visible dilatation of the superficial scleral vessels. 

When a conjunctival hyperaemia has existed for some time 
the papillae become swollen, and small blebs form on the surface 
of the membrane: sometimes too, lymph follicles begin to show. 
The enlargement and compression of adjacent papillae give 
rise to a velvety appearance of the surface. 

Hyperaemia of the conjunctiva where not followed by in- 
flammation causes more or less lacrymation but no alteration 
in the character of its secretion. The hyperaemia may be acute 
and transitory or chronic. Much depends upon the cause as weli 
as upon the persistence of the irritation which sets it up. 

Traumata, the presence of foreign bodies in the conjunctival 
sac, or the irritations of superficial chalky infarcts in the 
Meibomian ducts, cause more or less severe transitory congestion. 
Continued subjection to irritating particles such as flour, stones, 
dust, &c, causes a more continued hyperaemia which is often 
circumscribed and less pronounced. Bad air in schools, barracks, 
workhouses, &c, also causes a chronic hyperaemia in which it is 
common to find a follicular hyperplasia. Long exposure to too 
intense light, astigmatism and other ocular defects which cause 
asthenopia lead also to chronic hyperaemia. Anaemic individuals 
are often subject to discomfort from hyperaemia of this nature. 

The treatment of conjunctival hyperaemia consists first in 
the removal of the cause when it can be discovered. Often 
this is difficult. In addition the application of hot sterilized 
water is useful and soothing. 

Conjunctivitis. — When the conjunctiva is actually inflamed 
the congested membrane is brought into a condition of heightened 
secreting action. The secretions become more copious and more 
or less altered in character. A sufficiently practical though by 
no means sharply defined clinical division of cases of conjuncti- 
vitis is arrived at by taking into consideration the character of 
the secretion from the inflamed membrane and the visible tissue 
alterations which the membrane undergoes. The common 
varieties of conjunctivitis which may thus be distinguished are the 
following: (a) Catarrhal conjunctivitis, (0) Purulent conjuncti- 
vitis, (7) Phlyctenular conjunctivitis, (5) Granular conjunctivitis 
and (e) Diphtheritic conjunctivitis. 

However desirable a truly etiological classification might 
appear to be, it is doubtful whether such could satisfactorily 
be made. So much is certain at all events, that not only can 
identically the same clinical appearance result from the actions 
of quite different pathogenetic organisms, but that various 
concomitant circumstances may lead to very different clinical 
signs being set up by one and the same microbe. As regards 
contagion there is no doubt that the secretion in the case of a 
true conjunctivitis (i.e. not merely a hyperaemia) is always more 
or less contagious. The degree of virulence varies not only in 
different cases, but the effect of contagion from the same source 
may be different in different individuals. Healthy conjunctivae 
may thus react differently, not only as regards the degree of 
severity, but even according to different clinical types, when 
infected by secretion from the same source. There are no doubt 
different reasons for this, such as the stage at which the inflamma- 
tion has arrived in the eye from which the secretion is derived, 
differences in the surroundings and in the susceptibility of the 
infected individuals, the presence of dormant microbes of a 
virulent type in the healthy conjunctiva which has been infected, 
&c. Many points in this connexion are very difficult to investi- 
gate and much remains to be elucidated. Contagion usually 
takes place directly and not through the air. Often in this 
way one eye is first affected and may in some cases, when 
sufficient care is afterwards taken, be the only one to suffer. 

The treatment in all severer forms of conjunctivitis should be 
undertaken with the primary object in view of preventing any 
implication of the cornea. 

Catarrhal conjunctivitis, which is characterized by an increased 
mucoid secretion accompanying the hyperaemia, is usually 
bilateral and may be either acute or chronic. Acute conjuncti- 
vitis lasts as a rule only for a week or two: the chronic type 
may persist, with or without occasional exacerbations, for 



DISEASES] 



EYE 



99 



years. The subjective symptoms vary in intensity with the 
severity of the inflammation. There is always more or less 
troublesome " burning " in the eyes with a tired heavy feeling 
in the lids. This is aggravated by reading, which is most dis- 
tressing in a close or smoky atmosphere and by artificial light. 
In acute cases, indeed, reading is altogether impossible. In all 
cases of catarrhal conjunctivitis the symptoms are also more 
marked if the eyes have been tied up, even though this may 
produce a temporary relief. 

A curious variety of acute catarrhal conjunctivitis, in which 
the hyperaemia and lacrymation are the predominant features, 
is the so-called hay-fever. In this condition the mucous mem- 
brane of the nose and throat are similarly affected, and there 
is at the same time more or less constitutional disturbance. 
Hay-fever is due to irritation from the pollen of many plants, but 
principally from that of the different grasses. Some people are 
so susceptible to it that they invariably suffer every year during 
the early summer months. Here it is difficult to remove the 
cause, but many cases can be cured and almost all are alleviated 
be means of a special antitoxin applied locally. 

Other ectogenetic causes of catarrhal conjunctivitis which 
have been studied are mostly microbic. Of these the most 
common are the Morax-Axenfeld and the Koch-Weeks con- 
junctivitis. 

The Morax-Axenfeld bacillus sets up a conjunctivitis which 
affects individuals of all ages and conditions and which is con- 
tagious. The inflammation is usually chronic, at most subacute. 
It is often sufficiently characteristic to be recognized without a 
microscopical examination of the secretions. In typical cases 
the lid margin, palpebral conjunctiva, and it may be a patch 
of ocular conjunctiva at the outer or inner angle are alone 
hyperaemic: the secretion is not copious and is mostly found 
as a greyish coagulum lying at the inner lid-margin. The 
subjective symptoms are usually slight. Complications with 
other varieties of catarrhal conjunctivitis are not uncommon. 
This mild form of conjunctivitis generally lasts for many months, 
subject to more or less complete disappearance followed by 
recurrences. It can be rapidly cured by the use of an oxide of 
zinc ointment, which should be continued for some time after 
the appearances have altogether passed off. 

The conjunctivitis caused by the Koch-Weeks microbe is 
still more common. It is a more acute type, affects mostly 
children, and is very contagious and often epidemic. Here the 
hyperaemia involves both the ocular and the palpebral con- 
junctiva, and usually there is considerable swelling of the lids 
and a copious secretion. Both eyes are always affected. 
Occasionally the engorged conjunctival vessels give way, caus- 
ing numerous small extravasations (ecchymoses). Complications 
with phlyctenulae {vide infra) are common in children. The 
acute symptoms last for a week or ten days, after which the 
course is more chronic. Treatment with nitrate of silver in 
solution is generally satisfactory. Other less frequent microbic 
causes of catarrhal conjunctivitis yield to the same treatment. 

A form of epidemic muco-purulent conjunctivitis is not un- 
common, in which the swelling of the conjunctival folds and lids 
is much more marked and the secretions copious. It is less 
amenable to treatment and also apt to be complicated by 
corneal ulceration. The microbe which gives rise to this con- 
dition has not been definitely established. This inflammation is 
also known as school ophthalmia. This is extremely contagious, 
so that isolation of cases becomes necessary. The treatment 
with weak solutions of sub-acetate of lead during the acute 
stage, provided there be no corneal complication, and sub- 
sequently with a weak solution of tannic acid, may be recom- 
mended. 

Purulent Conjunctivitis. — Some of the severer forms of 
catarrhal conjunctivitis are accompanied not only by a good 
deal of swelling of both conjunctiva and lids but also by a 
decidedly muco-purulent secretion. Nevertheless there is a 
sufficiently sharply-defined clinical difference between the 
catarrhal and purulent types of inflammation. In purulent 
conjunctivitis the oedema of the lids is always marked, often 



excessive, the hyperaemia of the whole conjunctiva is intense: 
the membrane is also infiltrated and swollen (chemosis), the 
papillae enlarged and the secretion almost wholly purulent. 
Although this variety of conjunctivitis is principally due to 
infection by gonococci, other microbes, which more frequently 
set up a catarrhal type, may lead to the purulent form. 

All forms are contagious, and transference of the secretion 
to other eyes usually sets up the same type of severe inflamma- 
tion. The way in which infection mostly takes place is by 
direct transference by means of the hands, towels, &c, of 
secretions containing gonococci either from the eye or from 
some other mucous membrane. The poison may also sometimes 
be carried by flies. The dried secretion loses its virulence. 

In new-born children (ophthalmia neonatorum) infection 
takes place from the maternal passages during birth. Not- 
withstanding the great changes which occur during the progress 
of a purulent conjunctivitis, there is on recovery a complete 
restitutio ad integrum so far as the conjunctiva is concerned. 
Owing to the tendency to severe ulceration of the cornea, more 
or less serious destructions of that membrane, and consequently 
more or less interference with sight, may result before the 
inflammation has passed off. This is a special danger in the 
case of adults. For this reason when only one eye is affected 
the first point to be attended to in the treatment is to secure the 
second eye from contagion by efficient occlusion. The appliance 
known as Buller's shield, a watch-glass strapped down by plaster, 
is the best for this purpose. It not only admits of the patient 
seeing with the sound eye, but allows the other to remain under 
direct observation. The treatment otherwise consists in frequent 
removal of the secretions from the affected eye, and the use 
of nitrate of silver solution as a bactericide applied directly 
to the conjunctival surface; sometimes it is necessary to cut 
away the chemotic conjunctiva immediately surrounding the 
cornea. When the cornea has become affected efforts may be 
made with the thermo-cautery or otherwise to limit the area of 
destruction and thus admit of something being done to improve 
the vision after all inflammation has subsided. The greatest 
cleanliness as well as proper antiseptic precautions should of 
course be observed by every one in any way connected with the 
treatment of such cases. 

Phlyctenular conjunctivitis is an acute inflammation of the 
ocular conjunctiva, in which little blebs or phlyctenules form, 
more particularly in the vicinity of the corneal margin, as well as 
on the epithelial continuation of the conjunctiva which covers 
the cornea. The inflammation is characterized by being dis- 
tributed in little circumscribed foci and not diffused as in all 
other forms of conjunctivitis. In it the conjunctival secretion 
is not altered, unless there should exist at the same time a com- 
plication with some other form of conjunctivitis. This condition 
is most frequent in children, particularly such as are ill-nourished 
or are recovering from some illness, e.g. measles. The suscepti- 
bility occurs in fact mainly where there exists what used to be 
called a " strumous " diathesis. In many cases, therefore, there 
is some kind of tubercular basis for the manifestations. This 
basis has to do with the susceptibility only, at all events to begin 
with. The local changes are not tuberculous; their exact origin 
has not been clearly established. They are in all probability 
produced by staphylococci. 

Many children suffering from phlyctenular conjunctivitis get 
after a short time an eczematous excoriation of the skin of the 
nostrils. This excoriated, scabby area contains crowds of 
staphylococci which find a nidus here, where the copious tear- 
flow down the nostrils has excoriated and irritated the skin. 
Lacrymation is indeed a very common concomitant of phlyc- 
tenular conjunctivitis. Another frequently distressing symptom 
is a pronounced dread of light (photophobia), which often leads 
to convulsive and very persistent closing of the lids (blepharo- 
spasm). Indeed the relief of the photophobia is often the most 
important point to be considered in the treatment of phlyc- 
tenular conjunctivitis. The photophobia may be very severe 
when the local changes are slight. The eyes should be shaded 
but not bandaged. Cocain may be freely used. The best 



'IOO 



EYEMOUTH— EYLAU 



local application is the yellow oxide of mercury used as an 
ointment. 

Phlyctenular conjunctivitis, and the corneal complications 
with which it is so often associated, constitute a large proportion 
(from |- to J) of all eye affections with which the surgeon has to 
deal. 

■Granular Conjunctivitis. — This disease, which also goes by the 
name of trachoma, is characterized by an inflammatory infiltra- 
tion of the adenoid tissue of the conjunctiva. The inflammation 
is accompanied by the formation of so-called granules, and at the 
same time by a hyperplasia of the papillae. The changes further 
lead in the course of time to cicatricial transformations, so that 
a gradual and progressive atrophy of the conjunctiva results. 
The disease takes its origin most frequently in the conjunc- 
tival fold of the upper lid, but eventually as a rule involves 
the coraea arid the deeper tissues of the lid, particularly the 
tarsus. 

The etiology of trachoma is unknown. Though a perfectly 
distinctive affection when fully established, the differential 
diagnosis from other forms of conjunctivitis, particularly those 
associated with much follicular enlargement or which have begun 
as purulent inflammation, may be difficult. Trachoma is mostly 
chronic. When occurring in an acute form it is more amenable 
to treatment and less likely to end in cicatricial changes. Fully 
half the cases of trachoma which occur are complicated by 
pannus, which is the name given to the affection when it has 
spread 'to the cornea. Pannus is a superficial vascularized in- 
filtration of the cornea. The veiling which it produces causes 
more or less defect of sight. 

Various methods of treatment are in use for trachoma. Ex- 
pression by means of roller-forceps or repeated grattaga are 
amongst the more effective means of surgical treatment, while 
local applications of copper sulphate or of alum are certainly 
useful in suitable cases. ' ■ 

Diphtheritic conjunctivitis is characterized ' by an infiltration 
into the conjunctival tissues which, owing to great coagulability, 
rapidly interferes with the nutrition of the invaded area and 
thus leads to necrosis of the diphtheritic membrane. Con- 
junctival diphtheria may or may not be associated with 
diphtheria of the throat. It is essentially a disease of early 
childhood, not more than 10% of all cases occurring after 
the age of four. The cornea is exposed to great risk, more 
particularly during the first few days, and may be lost by 
necrosis. Subsequent ulceration is not uncommon, but may 
often be arrested before complete destruction has taken place. 
The disease is generally confined to one eye, and complicated by 
swelling of the preauricular glands of that side. It may prove 
fatal. In true conjunctival diphtheria the exciting cause is the 
Klebs-Leffler bacillus. The inflammation occurs in very varying 
degrees of severity. The secretion is at first thin and scant, 
afterwards purulent arid more copious. In severe cases there is 
great chemosis with much tense swelling of the lids, which are 
often of an ashy-grey colour. A streptococcus infection pro- 
duces somewhat similar and often quite as disastrous results. 

The treatment must be both general with antitoxin and local 
with antiseptics. Of rarer forms of conjunctivitis may be 
mentioned .. Parihaud's conjunctivitis and the so-called spring 
catarrh. 

N on-infiammatory Conjunctival Affections. — These are of less 
importance than conjunctivitis, either on account of their com- 
parative infrequency or because of their harmlessness. The 
following conditions may be shortly referred to. 

Amyloid degeneration, in which waxy-looking masses grow 
from the palpebral conjunctiva of both lids, often attaining very 
considerable dimensions. The condition is not uncommon in 
China and elsewhere in the East. 

Essential Shrinking of the Conjunctiva. — This is the result of 
pemphigus, in which the disease has attacked the conjunctiva 
and led to its atrophy. 

Pterygium is a hypertrophic thickening of the conjunctiva of 
triangular shape firmly attached by its apex to the superficial 
layers of the cornea. It is a common condition in warm climates 



owing to exposure to sun and dttst, and often calls for operative 
interference. 

Tuwours of the Conjunctiva. — These may be malignant or 
benign, also syphilitic and tubercular. (G. A. Be.) 

EYEMOUTH, a police burgh of Berwickshire, Scotland. Pop. 
(iooi) 2436. It is situated at the mouth of the Eye, 75 ril 
N.N.W. of Berwick-on-Tweed by the North British railway via 
Burnmouth. Its public buildings are the town hall, library 
and masonic hall. The main industry is the fishing and allied 
trades. The harbour was enlarged in 1887, and the bay is easily 
accessible and affords good anchorage. Owing to the rugged 
character of the coast and its numerous ravines and caves the 
whole district was once infested with smugglers. The promon- 
tory of St Abb's Head is 3 m. to the N.W. 

EYLAU (Preussisch-Eylau) , a town of Germany, in east 
Prussia, on the Pasmar, 23 m. S. by E. of Konigsherg by rail on 
the line Pillau-Prostken. It has an Evangelical church, a teachers' 
seminary, a hospital, foundries and saw mills. Pop. 3200. 
Eylau was founded in 1336 by Arnolf Von Eilenstein, a knight 
of the Teutonic Order. It is famous as the scene of a battle 
between the afmy'of Napoleon and the Russians and Prussians 
commanded by General Bennigsen, fought on the 8th of February 
1807. • ■ 

The battle was preceded by a severe general engagement on 
the 7th. The head of Napoleon's column (cavalry and infantry) , 
advancing from the soUth-west, found itself opposed at, the outlet 
of- the Griinhofchen defile by a strong Russian rearguard which 
held the (frozen) lakes on either side of the Eylau road, and 
attacked at once, dislodging the enemy after a sharp conflict. 
The French turned both wings of the enemy, and Bagration, 
who commanded the Russian rearguard, retired through Eylau 
to the main army, which was now arrayed for battle east of 
Eylau. Barclay de Tolly made a strenuous resistance in Eylau 
itself, and in the churchyard, and these localities changed hands 
several times before remaining finally in possession of the French. 
It is very dbubtful whether Napoleon actually ordered this 
attack upon Eylau, and it is suggested that the French soldiers 
were encouraged to a premature assault by the hope of obtaining 
quarters in the village. There is, however, no reason to suppose 
that this attack was prejudicial to Napoleon's chance, of 
success, for his own army was intended, to pin the enemy in front, 
while the outlying " masses of manoeuvre " closed upon his 
flanks and rear (see Napoleonic Campaigns). In this case the 
vigour of the " general advanced guard " was superfluous, for 
Bennigsen stood to fight of his'own free will. 

The foremost line of the French bivouacs extended, from; 
Rothenen to Freiheit, but a large proportion of the army spent 
the night in quarters farther back. The Russian army on the 
other hand spent the night bivouacked in order of battle, the 
right at Schloditten and the left at Serpallen. The cold was 
extreme, 2° F. being registered in the early morning, and food 
was scarce in both armies. The ground was covered at the time 
of battle with deep snow, and all the lakes and marshes were 
frozen, so that troops of all arms could pass everywhere, so far 
as the snow permitted. Two of Napoleon's corps (Davout and 
Ney) were still absent, and Ney did not receive his orders until 
the morning of the 8th. His task was to descend upon the 
Russian right, and also to prevent a Prussian corps under 
Lestocq from coming on to the battlefield. Davout's corps 
advancing from the south-east on Mollwitten was destined for 
the attack of Bennigsen's left wing about Serpallen and Klein 
Sausgarten. In the meantime Napoleon with his forces at and 
about Eylau made the preparations for the frontal attack. 
His infantry extended from the windmill, through Eylau, to 
Rothenen, and the artillery was deployed along the whole front; 
behind each infantry corps and on the wings stood the, cavalry. 
The Guard was in second line south of Eylau, and an army 
reserve stood near the Waschkeiten lake. Bennigsen's army 
was drawn up in line from Schloditten to Klein Sausgarten, the 
front likewise covered by guns, in which arm he was numerically 
much superior. A detachment occupied Serpallen. 

The battle opened in a dense snowstorm. About 8 a.m.' 



EYRA— EYRE, E. J, 



101 



Bennigseirs guns opened fire on Eylau, and after a fierce but 
undecided artillery fight the French delivered an infantry 
attack from Eylau. This was repulsed with heavy losses, and the 
Russians advanced towards the windmill in force. Thereupon 
Napoleon ordered his centre, the VII. corps of Augereau,to move 
forward from the church against the Russian front, the division 
of St Hilaire on Augereau's right participating in the attack. 
If we conceive of this first stage of the battle as the action of 
the " general advanced guard," Augereau must be held to have 
overdone his part. The VII. corps advanced in dense masses, 
hut in the fierce snowstorm lost its direction. St Hilaire attacked 
directly and unsupported; Augereau's corps was still less 
fortunate. Crossing obliquely the front of the Russian line, as 
if making for Schloditten, it came under a feu d'enfer andi was 
practically annihilated. In the confusion the Russian cavalry 
charged with the utmost fury downhill and with the wind behind 
them. Three thousand men only out of about fourteen thousand 
appeared at the evening, parade of the corps. The rest were 
killed, wounded, prisoners or dispersed. The marshal and every 
senior officer was amongst the killed and wounded, and one 
regiment, the 14th of the Line, cut off in the midst of the Russians 
and refusing to surrender, fell almost to a man. The Russian 




3 

Molwitten 



BmeryValkcr sc. 



3 Miles 



counterstroke penetrated into Eylau itself and Napoleon himself 
was in sericjus danger. With the utmost coolness, however, he 
judged the pace of the Russian advance and ordered up a 
battalion of the Guard at the exact moment required. In the 
streets of Eylau the Guard had the Russians at their mercy, 
and few escaped. Still the situation for the French was desperate 
and the battle had to be maintained at all costs. Napoleon now 
sent forward the cavalry along the whole line. In the centre 
the charge was led by Murat and Bessieres, and the Russian 
horsemen were swept off the field. The Cuirassiers under 
D'Hautpoult charged through the Russian guns, broke through 
the first line of infantry and then through the second, penetrating 
to the woods of Anklappen. 

The shock of a second wave of cavalry broke the lines again, 
and though in the final retirement the exhausted troopers lost 
terribly, they had achieved their object. The wreck of Augereau's 
and other divisions had been reformed, the Guard brought up 
into first line, and, above all, Davout's leading troops had oc- 
cupied Serpallen. Thence, with his left in touch with Napoleon/ s 
right (St Hilaire), and his right extending gradually towards 
Klein Sausgarten, the marshal pressed steadily upon the Russian 
left, rolling it up before him, until his right had reached 
Kutschitten and his centre Anklappen. By that time the 
troops under Napoleon's immediate command, pivoting their left 
on Eylau church, had wheeled gradually inward until the general 



line extended from the. church to Kutschitten. The Russian 
army was being driven westward, when the advance of Lestocq 
gave them fresh steadiness. The Prussian corps had been 
fighting a continuous flank-guard action against Marshal Ney 
to the. north- west of Althof, and Lestocq had finally succeeded- 
in disengaging his main body, Ney being held up at Althof by 
a small rearguard, while the Prussians, gathering as they went the 
fugitives of the Russian army, hastened to oppose Davout. 
The impetus of these fresh troops led by Lestocq and his staff- 
officer Scharnhorst was. such as to check even the famous 
divisions of Davout's corps which had won the battle of Auerstadt 
single-handed. The French were now gradually forced back 
until their right was again at Sausgarten and their centre on 
the Kreege Berg. 

Both sides were now utterly exhausted; for the Prussians, 
also had been marching and fighting all day against Ney. The 
battle died away at nightfall, Ney's corps being unable effectively 
to intervene owing to the steadiness of the Prussian detachment 
left to oppose him, and the extreme difficulty of the roads. 
A severe conflict between the Russian extreme, right and Ney's 
corps which at last appeared on the field at Schloditten ended 
the battle. Bennigsen retreated during the night through Schmo- 
ditten, Lestocq through Kutschitten. The numbers engaged 
in the first stage of the battle may be taken as — Napoleon, 50,000, 
Bennigsen, 67,000, to which later were added on the one side 
Ney and Davout, 29,000, on the other Lestocq, 7000. The losses 
were roughly, 15,000 men to the French, 18,000 to the Allies, or 
21 and 27% respectively of the troops actually engaged. The 
French lost 5 eagles and 7 other colours, the Russians 16 colours 
and 24 guns.. 

EYRA (Felis eyra), a South American wild cat, of weasel-like 
build, and uniform coloration, varying in different individuals 
from reddish-yellow to chestnut. It is found in Brazil, Guiana 
and Paraguay, and extends its range to the Rio del Norte^but 
is rare north of the isthmus of Panama. Little is known of its 
habits in a wild state, beyond the fact that it is a forest-dweller, 
active in movement and fierce in disposition. Several have 
been exhibited in the London Zoological Gardens, and some have 
grown; gentle in captivity. Don Felix de Azara wrote of one 
which he kept on a chain that it was " as gentle and playful as 
any kitten could be." The name is sometimes applied to, the 
jaguarondi. 

EYRE, EDWARD JOHN (181 5-1901), British colonial governor, 
the son of a Yorkshire clergyman, was born on the 5th of August 
181 5. He was intended for the army, but delays having arisen 
in producing a commission, he went out to New South Wales, 
where he engaged in the difficult but very necessary undertaking 
of transporting stock westward to the new colony of South 
Australia, then in great distress, and where he became magistrate 
and protector of the aborigines, whose interests he warmly 
advocated. Already experienced as an Australian traveller, 
he undertook the most extensive and difficult journeys in the 
desert country north and west of Adelaide, and after encountering 
the greatest hardships, proved the possibility of land communica- 
tion between South and West Australia. In 1845 he returned 
to England and published the narrative of his travels. In 1846 
he was appointed lieutenant-governor of New Zealand, where he 
served under Sir George Grey. After successively governing St 
Vincent and Antigua, he was in 1862 appointed acting-governor 
of Jamaica and in 1864 governor. In October 1865 a negro 
insurrection broke out and was repressed with laudable vigour, 
but the unquestionable severity and alleged illegality of Eyre's 
subsequent proceedings raised a storrn at home which induced 
the government to suspend him and to despatch a special 
commission of investigation, the effect of whose inquiries, 
declared by his successor, Sir John Peter Grant, to have been 
" admirably conducted," was that he should not be reinstated 
in his office. The government, nevertheless, saw nothing in 
Eyre's conduct to justify legal proceedings; indictments pre- 
ferred by amateur prosecutors at home against him and military 
officers who had acted under his direction, resulted in failure, 
and he retired upon the pension of a colonial governor. As an 



ro2 



EYRE, SIR J.— EZEKIEL 



explorer Eyre must be classed in the highest rank, but opinion's 
are always likely to differ as to his action in the Jamaica rebellion. 
He died on the 30th of November 1901. 

EYRE, SIR JAMES (1 734-1 709), English judge, was the son of 
the Rev. Thomas Eyre, of Wells, Somerset. He was educated at 
Winchester College and at St John's College, Oxford, which, 
however, he left without taking a degree. He was called to the 
bar at Gray's Inn in 1755, and commenced practice in the lord 
mayor's and sheriffs' courts, having become by purchase one of 
the four counsel to the corporation of London. He was appointed 
recorder of London in 1763. He was counsel for the plaintiff in 
the case of Wilkes v. Wood, and made a brilliant speech in condem- 
nation of the execution of general search warrants. His refusal to 
voice the remonstrances of the corporation against the exclusion 
of Wilkes from parliament earned him the recognition of the 
ministry, and he was appointed a judge of the exchequer in 1772. 
From June 1792 to January 1793 he was chief commissioner of 
the great seal. In 1793 he was made chief justice of the common 
pleas, and presided over the trials of Home Tooke, Thomas 
Crosfield and others, with great ability and impartiality. He 
died on the 1st of July 1799 and was buried at Ruscombe, 
Berkshire. 

See Howell, State Trials, xix. (1154-1 155) ; Foss, Lives of the 
Judges. 

EYRIE, the alternative English form of the words Aerie or 
Aery, the lofty nest of a bird of prey, especially of an eagle, 
hence any lofty place of abode; the term is also used of the 
brood of the bird. The word derives from the Fr. aire, of the 
same meaning, which comes from the Lat. area, an open space, 
but was early connected with aerius, high in the air, airy, a 
confusion that has affected the spelling of the word. The 
forms " eyrie " or " eyry " date from a 17th century attempt 
to derive the word from the Teutonic ey, an egg. 

EZEKIEL C^pTi 1 , "God strengthens" or "God is strong"; 
Sept. 'Iefe/co^X; Vulg. Ezechiel), son of Buzi, one of the most 
vigorous and impressive of the older Israelite thinkers. He 
was a priest of the Jerusalem temple, probably a member of 
the dominant house of Zadok, and doubtless had the literary 
training of the cultivated priesthood of the time, including 
acquaintance with the national historical, legal and ritual 
traditions and with the contemporary history and customs 
of neighbouring peoples. In the year 597 (being then, prob- 
ably, not far from thirty years of age) he was carried off 
to Babylonia by Nebuchadrezzar with King Jehoiachin and 
a large body of nobles, military men and artisans, and there, it 
would seem, he spent the rest of his life. His prophecies are 
dated from this year (" our captivity," xl. 1), except in i. 1, 
where the meaning of the date " thirtieth year " is obscure; 
it cannot refer to his age (which would be otherwise expressed 
in Hebrew), or to the reform of Josiah, 621 (which is not else- 
where employed as an epoch); possibly the reference is to the 
era of Nabopolassar (626 according to the Canon of Ptolemy), 
if chronological inexactness be supposed (34 or 33 years instead 
of 30), a supposition not at all improbable. That the word 
" thirtieth " is old, appears from the fact that a scribe has added 
a gloss (w. 2, 3) to bring this statement into accord with the 
usual way of reckoning in the book: the "thirtieth" year, 
he explains, is the fifth year of the captivity of Jehoiachin. The 
exiles dwelt at Tell-abib (" Hill of the flood "), one of the mounds 
or ruins made by the great floods that devastated the country, 1 
near the " river " Chebar (Kebar), probably a large canal not 
far south of the city of Babylon. Here they had their own 
lands, and some form of local government by elders, and appear 
to have been prosperous and contented; probably the 'only 
demand made on them by the Babylonian government was the 
payment of taxes. 

Ezekiel was married (xxiv. 18), had his own house, and com- 
ported himself quietly as a Babylonian subject. But he was a 
profoundly interested observer of affairs at home and among 

1 The Assyrian term abubu is used of the great primeval deluge 
(in the Gilgamesh epic), and also of the local floods common in the 
country. 



the exiles: as patriot and ethical teacher he deplored alike the 
political blindness of the Jerusalem government (King Zedekiah 
revolted in 588) and the immorality and religious superficiality 
and apostasy of the people. He, like Jeremiah, was friendly to 
Nebuchadrezzar, regarding him as Yahweh's instrument for the 
chastisement of the nation. Convinced that opposition to 
Babylonian rule was suicidal, and interpreting historical events, 
in the manner of the times, as indications of the temper of the 
deity, he held that the imminent political destruction of the 
nation was proof of Yahweh's anger with the people on account 
of their moral and religious depravity; Jerusalem was hope- 
lessly corrupt and must be destroyed (xxiv.). On the other 
hand, he was equally convinced that, as his predecessors had 
taught (Hos. xi. 8, 9; Isa. vii. 3 al.), Yahweh's love for his people 
would not suffer them to perish utterly — a remnant would be 
saved, and this remnant he naturally found in the exiles in 
Babylonia, a little band plucked from the burning and kept safe 
in a foreign land till the wrath should have passed (xi. 14 ff.). 
This conception of the exiles as the kernel of the restored nation 
he further set forth in the great vision of ch. i., in which Yahweh 
is represented as leaving Jerusalem and corning to take up his 
abode among them in Babylonia for a time, intending, however, 
to return to his own city (xliii. 7). 

This, then, was Ezekiel's political creed — destruction of Jeru- 
salem and its inhabitants, restoration of the exiles, and mean- 
time submission to Babylon. His arraignment of the Judeans is 
violent, almost malignant (vi. xvi. al.) . The well-meaning but weak 
king Zedekiah he denounces with bitter scorn as a perjured traitor 
(xvii) . He does not discuss the possibility of successful resistance 
to the Chaldeans; he simply assumes that the attempt is foolish 
and wicked, and, like other prophets, he identifies his political 
programme with the will of God. Probably his judgment of the 
situation was correct; yet, in view of Sennacherib's failure at 
Jerusalem in 701 and of the admitted strength of the city, the 
hope of the Jewish nobles could not be considered wholly un- 
founded, and in any case their patriotism (like that of the national 
party in the Roman siege) was not unworthy of admiration. The 
prophet's predictions of disaster continued, according to the 
record, up to the investment of the city by the Chaldean army in 
588 (i.-xxiv.); after the fall of the city (586) his tone changed to 
one of consolation (xxxiii.-xxxix.) — the destruction of the wicked 
mass accomplished, he turned to the task of reconstruction. He 
describes the safe and happy establishment of the people in their 
own land, and gives a sketch of a new constitution, of which the 
main point is the absolute control of public religion by the priest- 
hood (xl.-xlviii.). 

The discourses of the first period (i.-xxiv.) do not confine them- 
selves to political affairs, but contain much interesting ethical and 
religious material. The picture given of Jerusalemke morals is 
an appalling one. Society is described as honeycombed with 
crimes and vices; prophets, priests, princes and the people 
generally are said to practise unblushingly extortion, oppression, 
murder, falsehood, adultery (xxii.) . This description is doubtless 
exaggerated. It may be assumed that the social corruption in 
Jerusalem was such as is usually found in wealthy communities, 
made bolder in this case, perhaps, by the political unrest and the 
weakness of the royal government under Zedekiah. No such 
charges are brought by the prophet against the exiles, in whose 
simple life, indeed, there was little or no opportunity for flagrant 
violation of law. Ezekiel's own moral code is that of the prophets, 
which insists on the practice of the fundamental civic virtues. 
He puts ritual offences, however, in the same category with 
offences against the moral law, and he does not distinguish 
between immorality and practices that are survivals of old 
recognized customs: in ch. xxii. he mentions "eating with the 
blood " 2 along with murder, and failure to observe ritual regula- 
tions along with oppression of the fatherless and the widow; the 
old customary law permitted marriage with a half-sister (father's 
daughter), with a daughter-in-law, and with a father's wife (Gen. 
xx. 12, xxxviii. 26; 2 Sam. xvi. 21, 22), but the more refined 

2 So we must read (as Robertson Smith has pointed out) in xxii. 9 
and xviii. 6, instead of "eating on the mountains." 



EZEKIEL 



103 



feeling of the later time frowned on the custom, and Ezekiel 
treats it as adultery. 1 However, notwithstanding the insistence 
on ritual, natural in a priest, his moral standard is high; follow- 
ing the prescription of Ex. xxii. 21 [20] he regards oppression of 
resident aliens (a class that had not then received full civil rights) 
as a crime (xxii. 7), and in his new constitution (xlvii. 22, 23) 
gives them equal rights with the homeborn. His strongest 
denunciation is directed against the religious practices of the 
time in Judea — the worship of the Canaanite local deities (the 
Baals), the Phoenician Tammuz, and the sun and other Baby- 
lonian and Assyrian gods (vi., viii., xvi., xxiii.); he maintained 
vigorously the prophetic struggle for the sole worship of Yahweh. 
Probably he believed in the existence of other gods, though he 
does not express himself clearly on this point; in any case he 
held that the worship of other deities was destructive to Israel. 
His conception of Yahweh shows a mingling of the high and the 
low. On the one hand, he regards him as supreme in power, 
controlling the destinies of Babylonia and Egypt as well as those 
of Israel, and as inflexibly just in dealing with ordinary offences 
against morality. But he conceives of him, on' the other hand, 
as limited locally and morally — as having his special abode in. 
the Jerusalem temple, or elsewhere in the midst of the Israelite 
people, and as dealing with other nations solely in the interests 
of Israel. The bitter invectives against Ammon, Moab, Edom, 
Philistia, Tyre, Sidon and Egypt, put into Yahweh's mouth, are 
based wholly on the fact that these peoples are regarded as 
hostile and hurtful to Israel; Babylonia, though nowise superior 
to Egypt morally, is favoured and applauded because it is 
believed to be the instrument for securing ultimately the pros- 
perity of Yahweh's people. The administration of the affairs of 
the world by the God of Israel is represented, in a word, as 
determined not by ethical considerations but by personal prefer- 
ences. There is no hint in Ezekiel's writings of the grandiose 
conception of Isa. xl.-lv., that Israel's mission is to give the 
knowledge of religious truth to the other nations of the world; 
he goes so far as to say that Yahweh's object in restoring the 
fortunes of Israel is to establish his reputation among the nations 
as a powerful deity (xxxvi. 20-23, xxxvii. 28, xxxix. 23). The 
prophet regards Yahweh's administrative control as immediate: 
he introduces no angels or other subordinate supernatural 
agents — the cherubs and the " men " of ix. 2 and xl. 3 are merely 
imaginative symbols or representations of divine activity. His 
high conception of God's transcendence, it may be supposed, led 
him to ignore intermediary agencies, which are common in the 
popular literature, and later, under the influence of this same 
conception of transcendence, are freely employed. 

The relations between the writings of Ezekiel and those of 
Jeremiah is not clear. They have so much in common that they 
must have drawn from the same current bodies of thought, or 
there must have been borrowing in one direction or the other. 
In one point, however, — the attitude toward the ritual — the two 
men differ radically. The finer mind of the nation, represented 
mainly by the prophets from Amos onward, had denounced 
unsparingly the superficial non-moral popular cult. The 
struggle between ethical religion and the current worship became 
acute toward the end of the 7th century. There were two 
possible solutions of the difficulty. The ritual books of our 
Pentateuch were not then in existence, and the sacrificial cult 
might be treated with contempt as not authoritative. This is 
the course taken by Jeremiah, who says boldly that God requires 
only obedience (Jer. vii. 21 ff.). On the other hand the better 
party among the priests, believing the ritual to be necessary, 
might undertake to moralize it; of such a movement, begun 
by Deuteronomy, Ezekiel is the most eminent representative. 
Priest and prophet, he sought to unify the national religious 
consciousness by preserving the sacrificial cult, discarding its 
abuses and vitalizing it ethically. The event showed that he 
judged the situation rightly — the religious scheme announced 
by him, 'though not accepted in all its details, became the 
dominant policy of the later time, and he has been justly called 

1 The stricter marriage law is formulated in Lev. xviii. 8-15, 
xx. 11 ff. 



" the father of Judaism." He speaks as a legislator, citing 
no authority; but he formulates, doubtless, the ideas and 
perhaps the practices of the Jerusalem priesthood. His ritual 
code (xliii.-xlvi.), which in elaborateness stands midway between 
that of Deuteronomy and that of the middle books of the Penta- 
teuch (resembling most nearly the code of Lev. xvii.-xxvi.) 
shows good judgment. Its most noteworthy features are two. 
Certain priests of idolatrous Judean shrines (distinguished by 
him as " Levites ") he deprives of priestly functions, degrading 
them to the rank of temple menials; and he takes from the 
civil ruler all authority over public religion, permitting him 
merely to furnish material for sacrifices. He is, however, much 
more than a ritual reformer. He is the first to express clearly the 
conception of a sacred nation, isolated by its religion from all 
others, the guardian of divine law and the abode of divine 
majesty. This kingdom of God he conceives of as moral: 
Yahweh is to put his own spirit into the people, 2 creating in 
them a disposition to obey his commandments, which are moral 
as well as ritual (xxxvi. 26, 27). The conception of a sacred 
nation controlled the whole succeeding Jewish development; 
if it was narrow in its exclusive regard for Israel, its intensity 
saved the Jewish religion to the world. 

Text and Authorship. — The Hebrew text of the book of Ezekiel 
is not in good condition — it is full of scribal inaccuracies and 
additions. Many of the errors may be corrected with the aid 
of the Septuagint (e.g. the 430 — 390+40— of iv. 5, 6 is to be 
changed to 190), and none of them affect the general thought. 
The substantial genuineness of the discourses is now accepted by 
the great body of critics. The Talmudic tradition (Baba Bathra 
14&) that the men of the Great Synagogue " wrote " Ezekiel, 
may refer to editorial work by later scholars. 3 There is no 
validity in the objections of Zunz {Goltesdienstl. Vortr.) that 
the specific prediction concerning Zedekiah (xii. 12 f.) is non- 
Prophetic, and that the drawing-up of a new constitution soon 
after the destruction cf the city and the mention of Noah, 
Daniel, Job and Persia are improbable. The prediction in 
question was doubtless added by Ezekiel after the event; the 
code belongs precisely in his time, and the constitution was natural 
for a priest; Noah, Daniel and Job are old legendary Hebrew 
figures; and it is not probable that the prophet's " Paras " is 
our " Persia." Havet's contention (in La Modernite des pro- 
phetes) that Gog represents the Parthians (40 B.C.) has little or 
nothing in its support. There are additions made post eventum, 
as in the case mentioned above and in xxix. 17*20, and the 
description of the commerce of Tyre (xxvii. 96-250), which 
interrupts the comparison of the city to a ship, looks like an 
insertion whether by the prophet or by some other; but there is 
no good reason to doubt that the book is substantially the work 
of Ezekiel. Ezekiel's style is generally impetuous and vigorous, 
somewhat smoother in the consolatory discourses (xxxiv., 
xxxvi., xxxvii.); he produces a great effect by the cumulation 
of details, and is a master of invective; he is fond of symbolic 
pictures, proverbs and allegories; his " visions " are elaborate 
literary productions, his prophecies show less spontaneity than 
those of any preceding prophet (he receives his revelations in 
the form of a book, ii. 9), and in their present shape were hardly 
pronounced in public — a fact that seems to be hinted at in the 
statement that he was " dumb " till the fall of Jerusalem (iii.26, 
xxxiii. 22); in private interviews the people did not take him 
seriously (xxxiii. 30-33). His book was accepted early as part 
of the sacred literature: Ben-Sira (c. 180 B.C.) mentions him 
along with Isaiah and Jeremiah (Ecclus. xlix. 8) ; he is not 
quoted directly in the New Testament, but his imagery is 
employed largely in the Apocalypse and elsewhere. His diver- 
gencies from the Pentateuchal code gave rise to serious doubts, 
but, after prolonged study, the discrepancies were explained, 
and the book was finally canonized (Shab. 136). According to 

2 Yahweh's spirit, thought of as Yahweh's vital principle, as 
man's spirit is man's vital principle, is to be breathed into them, as, 
in Gen. ii. 7, Yahweh breathes his own breath into the lifeless body. 
The spirit in the Old Testament is a refined material thing that may 
come or be poured out on men. 

3 The " Great Synagogue " is semi-mythical. 



104 



EZRA— EZRA, 3RD BOOK OF 



Jerome (Preface to Comm. on Ezek.) the Jewish youth were 
forbidden to read the mysterious first chapter (called the markaba, 
the " chariot ") and the concluding section (xl.-xlviii.) till they 
reached the age of thirty years. 

The book divides itself naturally into three parts : the arraignment 
of Jerusalem (i.-xxiv.); denunciation of foreign enemies (xxv.- 
xxxii.); consolatory construction of the future (xxxiii.-xlviii.). 
The opening " vision " (i.), an elaborate symbolic picture, is of the 
nature of a general preface, and was composed probably late in the 
prophet's life. Out of the north (the Babylonian sacred mountain) 
comes a bright cloud, wherein appear four Creatures (formed on the 
model of Babylonian composite figures), each with four faces (man, 
lion, bull, eagle) and attended by a wheel; the wheels are full of 
eyes, and move straight forward, impelled by the spirit dwelling 
in the Creatures (the spirit of Yahweh). Supported on their heads 
is something like a crystalline firmament, above which is a form like 
a sapphire throne (cf. Ex. xxiv. 10), and on the throne a man-like 
form (Yahweh) surrounded by a rainbow brightness. The wheels 
symbolize divine omniscience and control, and the whole vision 
represents the coming of Yahweh to take up his abode among the 
exiles. The prophet then receives his call (ii., iii.) in the shape of a 
roll of a book, which he is required to eat (an indication of the 
literary form now' taken by prophecy). He is informed that the 
people to whom he is sent are rebellious and stiff-necked (this indi- 
cates his opinion of the people, and gives the keynote of the following 
discourses) ; he is appointed watchman to warn men when they 
sin, and is to be held responsible for the consequences if he fail in 
this duty. To this high conception of a preacher's function the 
prophet was faithful throughout his career. Next follow minatory 
discourses (iv.-vii.) predicting the siege and capture of Jerusalem— 
perhaps revised after the event. There are several symbolic acts 
descriptive of the siege. One of these (iv. 4 ff.) gives the duration 
of the national punishment in loose chronological reckoning: 40 
years (a round number) for Judah, and 150 more (according to the 
corrected text) for fsrael, the starting-point, probably, being the 
year 722, the date of the capture of Samaria ; the procedure described 
in v. 8 is not to be understood literally. In vi. the idolatry of the 
nation is pictured in darkest colours. Next follows (viii.-xi.) a 
detailed description, in the form of a vision, of the sin of Jerusalem : 
within the temple-area elders and others are worshipping beast- 
forms, Tammuz and the sun (probably actual cults of the time) ; l 
men approach to defile the temple and slay the inhabitants of the 
city (ix.). In ch. x. the imagery of ch. i. reappears, and the Creatures 
are identified with the cherubs of Solomon's temple. This appears 
to be an independent form of the vision, which has been brought 
into connexion with that of i. by a harmonizing editor. There 
follow a symbolic prediction of the exile (xii.) and a denunciation 
of non-moral prophets and prophetesses (xrii.)— though Yahweh 
deceive a prophet, yet he and those who consult him will be punished ; 
and so corrupt is the nation that the presence of a few eminently 
good men will not save it (xiv.). 2 After a comparison of Israel 
to a worthless wild vine (xv.) come two allegories, one portraying 
idolatrous Jerusalem as the unfaithful spouse of Yahweh (xvi.), 
the other describing the fate of Zedekiah (xvii.). The fine insistence 
on individual moral responsibility in xviii. (cf. Deut. xxiv. 16, Jer. 
xxxi. 29 f.), while it is a protest against a superficial current view, 
is not to be understood as a denial of all moral relations between 
successive generations. This latter question had not presented 
itself to the prophet's mind; his object was simply to correct the 
opinion of the people that their present misfortunes were due riot 
to their own faults but to those of their predecessors. A more 
sympathetic attitude appears in two elegies (xix.), one on the kings 
Jehoahaz and Jehoiachin, the other on the nation. These are 
followed by a scathing sketch of Israel's religious career (xx. 1-26), 
in which, contrary to the view of earlier prophets, it is declared that 
the nation had always been disobedient. From this point to the 
end of xxiv. there is a mingling of threat and promise. 3 The allegory 
of xxiii. is similar to that of xvi., except that in the latter Samaria 
is relatively treated with favour, while in the former it (Aholah) is 
involved in the same condemnation as that of Jerusalem. At this 
point is introduced (xxv.-xxxii.) the series of discourses directed 
against foreign nations. The description of the king of Tyre (xxviii. 
11-19) as dwelling in Eden, the garden of God, the sacred mountain, 
under the protection of the cherub, bears a curious resemblance to 
the narrative in Gen. ii., iii., of which, however, it seems to be in- 
dependent, using different Babylonian material ; the text is corrupt. 
The section dealing with Egypt is one of remarkable imaginative 
power and rhetorical vigour: the king of Egypt is compared to a 
magnificent cedar of Lebanon (in xxxi. 3 read : " there was a cedar 
in Lebanon '■') and to the dragon of the Nile, and the picture of his 

1 In viii. 17 the unintelligible expression " they put the branch 
to their nose " is the rendering of a corrupt Hebrew text; a probable 
emendation is: " they are sending a stench to my nostrils." 

2 The legendary figure of Daniel (xiv. 14) is later taken by the 
author of the book of Daniel as his hero. 

3 For a reconstruction of the poem in xxi. 10, II, see the English 
Ezekiel in Haupt's Sacred Books. 



descent into Sheol is intensely tragic. Whether these discourses 
were all uttered between the investment of Jerusalem and its fall, 
or were here inserted by Ezekiel or by a scribe, it is not possible to 
say. In xxxiii. the function of the prophet as watchman is described 
at length (expansion of the description in iii.) and the news of the 
capture of the city is received. The following chapters (xxxiv.- 
xxxix.) are devoted to reconstruction: Edom, the detested enemy 
of Israel, is to be crushed ; the nation, politically raised from the 
dead, with North and South united (xxxvii.), is to be established 
under a Davidide king; a final assault, made by Gog, is to be suc- 
cessfully met, 4 and then the people are to dwell in their own land in 
peace for ever ; this Gog section is regarded by some as the beginning 
of Jewish apocalyptic writing. In the last section (xl.-xlviii.), put 
as a vision, the temple is to be rebuilt, in dimensions and arrange- 
ments a reproduction of the temple of Solomon (cf. I Kings vi., vii.), 
the sacrifices and festivals and the functions of priests and prince 
are prescribed, a stream issuing from under the temple is to vivify 
the Dead Sea and fertilize the land (this is meant literally), the land 
is divided into parallel strips and assigned to the tribes. The 
prophet's thought is summed up in the name of the city : Yahweh 
Shamma.h, " Yahweh is there," God dwelling for ever in the midst 
of his people. 

Literature. — For the older works see the Introductions of J. G. . 
Carpzov (1757) and C. H. H. Wright (1890). For legends: Pseud.- 
Epiphan. , De vit. prophet. ; Benjamin of Tudela, Itin. ; Hamburger, 
Realencycl. ; Jew. Encycl. On the Hebrew text; C. H. Cornill, 
Ezechiel (1886) (very valuable for text and ancient versions); 
H. Graetz, Emendationes (1893).; C. H. Toy, "Text of Ezek." 

(1899) in Haupt's Sacred Books of the Old Test. Commentaries: 
F. Hitzig (1847); H. Ewald (1868); E. Reuss (French ed., 1876; 
Germ, ed., 1892); Currey (1876) in Speaker's Comm.; R. Smend 
(revision of Hitzig) (1880) in Kurzgefasst. exeget. Handbuch; A. B. 
Davidson (1882) in Cambr. Bible for Schools; J. Skinner (1895) in 
Expos. Bible; A. Bertholet (1897) in Marti's Kurz. Hand-Comm.; 
C. H. Toy (1899) in Haupt's Sacr. Bks. (Eng. ed.) ; R. Kraetzschmar 

(1900) in W. Nowack's Handkommentar. See also Duhm, Theol. d. 
Propheten (1875); A. Kuenen,^ Prophets and Prophecy (1877); 
Gautier, La Mission du prophete Ezechiel (1891) ; Montefiore, Hibbert 
Lectures (1892); A. Bertholet, Der Verfassungsentwurf des Hesekiel 
(1896); articles in Herzog-Hauck, Realencykl.; Hastings, Bibl. 
Diet.; Cheyne, Encycl. Bibl., Jew. Encycl.; F. Bleek, Introd. (Eng. 
tr., 1875), and Bleek- Wellhausen (Germ.) (1878); Wildeboer, 
Letterkunde d. Oud. Verbonds (1893), and Germ, transl., Litt. d. Alt. 
Test. ; Perrot and Chipiez, Hist, de I' art, &c, in which, however, the 
restoration of Ezekiel's temple (by Chipiez) is probably untrust- 
worthy. (C. H. T.*) 

EZRA (from a Hebrew word meaning " help "), in the Bible, 
the famous scribe and priest at the time of the return of the 
Jews in the reign of the Persian king Artaxerxes 1. (458 B.C.). 
His book and that of Nehemiah form one work (see Ezra and 
Nehemiah, Books or), apart from which we have little trust- 
worthy evidence as to his life. Even in the beginning of the 
2nd century B.C., when Ben Sira praises notable figures of the , 
exilic and post-exilic age (Zerubbabel, Jeshua and Nehemiah), 
Ezra is passed over (Ecclesiasticus xlix. 11-13), and he is not 
mentioned in a still later and somewhat fanciful description of 
Nehemiah 's work (2 Mace. i. 18-36). Already well known as a 
scribe, Ezra's labours were magnified by subsequent tradition. 
He was regarded as the father of the scribes and the founder of 
the Great Synagogue. According to the apocryphal fourth 
book of Ezra (or 2 Esdras xiv.) he restored the law which had 
been lost, and rewrote all the sacred records (which had been 
destroyed) in addition to no fewer than seventy apocryphal 
works. The former theory recurs elsewhere in Jewish tradition, 
and may be associated with the representation in Ezra-Nehemiah 
which connects him with the law. But the story of his many 
literary efforts, like the more modern conjecture that he closed 
the canon of the Old Testament, rests upon no ancient basis. 

See Bible, sect. Old Testament (Canon and Criticism) ; Jews 
(history, §21 seq.). The apocryphal books, called 1 and 2 Esdras 
(the Greek form of the name) in the English Bible, are dealt with 
below as Ezra, Third Book of, and Ezra, Fourth Book of, 
while the canonical book of Ezra is dealt with under Ezra and 
Nehemiah. 

EZRA, THIRD BOOK OF [1 Esdras]. The titles of the various 
books of the Ezra literature are very confusing. The Greek, 
the Old Latin, the Syriac, and the English Bible from 1560 

4 Gog probably represents a Scythian horde (though such an 
invasion never took place) — certainly not Alexander the Great, who 
would have been called "king of Greece," and would have been 
regarded not a6 an enemy but as a friend. 



EZRA, 3RD BOOK OF 



105 



onwards designate this book as 1 Esdras, the canonical books 
Ezra and Nehemiah being 2 Esdras in the Greek. In the Vulgate, 
however, our author was, through the action of Jerome, degraded 
into the third place and called 3 Esdras, whereas the canonical 
books Ezra and Nehemiah (see Ezra and Nehemiah, Books of, 
below) were called 1 and 2 Esdras, and the Apocalypse of Ezra 
4 Esdras. Thus the nomenclature of our book follows, and 
possibly wrongly, the usage of the Vulgate. 1 In the Ethiopic 
version a different usage prevails. The Apocalyspe is called 
1 Esdras, our author 2 Esdras, and Ezra and Nehemiah 3 Esdras, 
or 3 and 4 Esdras. Throughout this article we shall use the best 
attested designation of this book, i.e. 1 Esdras. 

Contents. — With the exception of one original section, namely, 
that of Darius and the three young men, our author contains 
essentially the same materials as the canonical Ezra and some 
sections of 2 Chronicles and Nehemiah. To the various explana- 
tions of this phenomenon we shall recur later. The book may 
be divided as follows (the verse division is that of the Cambridge 
LXX) :— 

Chap. i. =2 Chron. xxxv. i-xxxvi. 21. — Great passover of Josiah: 
his death at Megiddo. His successors down to the destruction of 
Jerusalem and the Captivity. (Verses i. 21-22 are not found else- 
where, though the LXX of 2 Chron. xxxv. 20 exhibits a very 
distant parallel.) 

Chap. ii. 1-14 = Ezra i. — The edict of Cyrus. Restoration of the 
sacred vessels through Sanabassar to Jerusalem. 

Chap. ii. 15-25 = Ezra iv. 6-24. — First attempt to rebuild the 
Temple: opposition of the Samaritans. Decree of Artaxerxes: 
work abandoned till the second year of Darius. 

Chap. iii. i-v. 6. — This section is peculiar to our author. The 
contest between the three pages waiting at the court of Darius and 
the victory of the Jewish youth " Zerubbabel," to whom as a reward 
Darius decrees the return of the Jews and the restoration of the 
Temple and worship. Partial list of those who returned with 
" Joachim, son of Zerubbabel." 

Chap. v. 7-70 = Ezra ii.-iv. 5. — List of exiles who returned with 
Zerubbabel. Work on the Temple begun. Offer of the Samaritans' 
co-operation rejected. Suspension of the work through their 
intervention till the reign of Darius. 

Chap. vi. i-vii. 9 = Ezra v. i-vi. 18. — Work resumed in the second 
year of Darius. Correspondence between Sisinnes and Darius with 
reference to the building of the Temple. Darius' favourable decree. 
Completion of the work by Zerubbabel. 

Chap. vii. 10-15 =Ezra vi. 19-22. — Celebration of the completion 
of the Temple. 

Chap. viii. l-ix. 36 = Ezra vii.-x. — Return of the exiles under 
Ezra. Mixed marriages forbidden. 

Chap. ix. 37-55 = Nehemiah vii. 73-viii. 12. — The reading of the 
Law. 

Thus, apart from iii. i-v. 3, which gives an account of the 
pages' contest, the contents of the book are doublets of the 
canonical Ezra and portions of 2 Chronicles and Nehemiah. 
The beginning of the book seems imperfect, with its abrupt 
opening "And Josiah held the passover": its conclusion is 
mutilated, as it breaks off in the middle of a sentence. As 
Thackeray suggests, it probably continued the history of the 
feast of Tabernacles described in Neh. viii. — a view that is 
supported by Joseph. Ant. xi. 5. 5, " who describes that feast 
using an Esdras word bravopdcacns and . . . having hitherto 
followed Esdras as his authority passes on to the Book of 
Nehemiah." 

Claims to Canonicity. — It would seem that even greater value 
was attached to 1 Esdras than to the Hebrew Ezra. (1) For 
in the best MSS. (BA) it stands before 2 Esdras — the verbal 
translation of the Hebrew Ezra and Nehemiah. (2) It is used by 
Josephus, who in fact does not seem aware of the existence 
of 2 Esdras. (3) 1 Esdras is frequently quoted by the Greek 
fathers — Clem. Alex., Origen, Eusebius, and by the Latin — 
Tertullian, Cyprian, Augustine. The adverse judgment of the 
church is due to Jerome, who, from his firm attachment to the 
Hebrew Old Testament, declined to translate the "dreams " 
of 3 and 4 Esdras. This judgment influenced alike the Council 

1 '' At the Council of Trent (when the Septuagint Canon was 
virtually accepted as authoritative), by a most curious aberration, 
Esdras iii. and iv. and the Epistle of Manasseh were alone excluded 
from the canon and remitted to our appendix." — Howorth, " Un- 
conventional Views on the Text of the Bible," in the P.S.B.A., 
1901, p. 149. 



of Trent and the Lutheran church in Germany; for Luther 
also refused to translate Esdras and the Apocalypse of Ezra. 

Origin and Relation to the Canonical Ezra. — Various theories 
have been given as to the relation of the book and the canonical 
Ezra. ■ ,' 

1 . Some scholars, as Keil, Bissell and formerly Schiirer, regarded 
1 Esdras as a free compilation from the Greek of 2 Esdras (2 Chron. 
and Ezra-Nehemiah) . This theory has now given place to others 
more accordant with the facts of the case. 

2. Others, as Ewald, Hist, of Isr. v. 126-128, and Thackeray 
in Hastings' Bible Dictionary, assume a lost Greek version of 
Chronicles, Ezra and Nehemiah, from which were derived 
1 Esdras — a free redaction of the former and 2 Esdras. 
Thackeray claims that we have " a satisfactory explanation 
of the coincidences in translation and deviation from the Hebrew 
in 1 Esdras and 2 Esdras, if we suppose both are to some extent 
dependent on a lost Greek original.". But later in the same 
article Thackeray is compelled to modify this view and admit 
that 1 Esdras is not a mere redaction of a no longer extant 
version of the canonical books, but shows not only an independent 
knowledge of the Hebrew text but also of a Hebrew text superior 
in not a few passages to the Massoretic text, where 2 Esdras 
gives either an inaccurate version or a version reproducing the 
secondary Massoretic text. 

3. Others like Michaelis, Trendelenburg, Pohlmann, Herzfeld, 
Fritzsche hold it to be a direct and independent translation of 
the Hebrew. There is much to be said in favour of this view. 
It presupposes in reality two independent recensions of the 
Hebrew text, such as we cannot reasonably doubt existed at 
one time of the Book of Daniel. Against this it has been urged 
that the story of the three pages was written originally in Greek 
(Ewald, Schiirer, Thackeray). The only grounds for this theory 
are the easiness of -the Greek style and the paronomasia in 
iv. 62 htaw koX &4>e<nv. But the former is no real objection, 
and the latter may be purely accidental. On the other hand 
there are several undoubted Semiticisms. Thus we have two 
instances of the split relative ov . . . avrov iii. 5; ov . . . W avr<2 
iv. 63 and the phrase pointed out by Fritzsche to. 5Uaia iroiei 
cbr6 irhvTOiv — p tBvo rwy. It must, however, be admitted that 
there are fewer Hebraisms in this section of the book than in the 
rest. 

4. Sir H. H. Howorth in the treatises referred to at the close 
of this article has shown cogent grounds for regarding 1 Esdras 
as the original and genuine Septuagint translation, and 2 Esdras 
as probably that of Theodotion. For this view he adduces 
among others the following grounds: (i.) Its use by Josephus, 
who apparently was not acquainted with 2 Esdras. (ii.) Its 
precedence of 2 Esdras in the great uncials, (iii.) Its origin at a 
time when Chronicles, Ezra and Nehemiah formed a single work, 
(iv.) Its preservation of a better Hebrew text in many instances 
than 2 Esdras. (v.) The fact that 1 Esdras and the Septuagint 
of Daniel go back to one and the same translator, as Dr Gwynn 
{Diet. Christ. Biog. iv. 977) has pointed out (cf. 1 Esdr. vi. 31, 
and Dan. ii. 5). 

This contention of Howorth has been accepted by Nestle, 
Cheyne, Bertholet, Ginsburg and other scholars, though they 
regard the question of an Aramaic original of chapters iii. i-v. 6 
as doubtful. Howorth's further claim that he has established 
the historical credibility of the book as a whole and its chrono- 
logical accuracy as against the canonical Ezra has not as yet 
met with acceptance; but his arguments have not been fairly 
met and answered. 

5. Volz {Encyc. Bill. ii. 1490) thinks that the solution of the 
problem is to be found in a different direction. The text is of 
unequal value, and the inequalities are so great as to exclude 
the supposition that the Greek version was produced aus einem 
Guss. iii. i-v. 3 is an independent narrative written originally in 
Greek and itself a composite production, the praise of truth 
being an addition, vi. i-vii. 15, ii. 15-25(1 is a fragment of an 
Aramaic narrative. Some in Josephus {Ant. xi. 4. 9) an account 
of Samaritan intrigues is introduced immediately after 1 Esdras 
vii. 15, it is natural to infer that something of the same kind 



io6 



EZRA, 4 th BOOK OF 



has fallen out between vi. and ii. 15-25. The Aramaic text 
behind 1 Esdras here is better than that behind the canonical 
Ezra. Next, viii.-ix. is from the Ezra document ( = Ezra vii.-x. ; 
Neh. vii. 73, viii. 1 sqq.), though implying a different Hebrew text, 
ii. 1-15; v. 7-73; vii. 2-4, 6-15 are from the Chronicles: likewise 
i. is from 2 Chron. xxxv.-vi., 2 Esdras being at the same time 
before the translator. 

Dale. — -The book must be placed between 300 B.C. and a.d. 100, 
when it was used by Josephus. It is idle to attempt any nearer 
limits until definite conclusions have been reached on the chief 
problems of the book. 

MSS. and Versions. — The book is found in B and A. The 
latter seems to have preserved the more ancient form of the 
text, as it is generally that followed by Josephus. The Old 
Latin in two recensions is published by Sabatier, Bibliorum 
sacrorum Latinae versiones antiquae, iii. Another Latin transla- 
tion is given in Lagarde .{Septuag. Studien, ii., 1892). In Syriac 
the text is found only in the Syro-Hexaplar of Paul of Telia 
(a.d. 616). See Walton's Polyglott. There is also an Ethiopic 
version edited by Dillmann (Bibl. Vet. Test. Aeth. v., 1894) 
and an Armenian. 

Literature. — Exegesis: Fritzsche, Exeget. Handb. zu den Apokr. 
(1851); Zockler, Die Apokryphen, 155-161 (1891) ; Bissell inLange- 
Schaff's Comm. (1880); Lupton in Speaker's Comm. (1888); Ball, 
notes to 1 Esdr. in the Variorum Apocrypha. Introduction and 
critical Inquiries: Trendelenburg, " Apocr. Esra," in Eichhorn's 
Allgem. Bibl. der bibl. Litt. i. 178-232 (1787); Pohlmann, " Uber 
das Ansehen des apokr. dritten Buchs Esras," in Tubingen Theol. 
Quartalschrifl, 257-275 (1859); Sir H. Howorth, "Character and 
Importance of 1 Esdras," in the Academy (1893), pp. 13, 60, 106, 
174, 326, 524; and further studies entitled " Some Unconventional 
Views on the Text of the Bible," in the Proceedings of the Society of 
Biblical Archaeology, 1901, pp. 147-159; 306-330, 1902, June and 
November. (R. H. C.) 

EZRA, FOURTH BOOK (or Apocalypse) OF. This is the 
most profound and touching of the Jewish Apocalypses. It 
stands in the relation of a sister work to the Apocalypse of 
Baruch, but though the relation is so close, they have many 
points of divergence. Thus, whereas the former represents the 
ordinary Judaism of the 1st century of the Christian era, the 
teaching of 4 Ezra on the Law, Works, Justification, Original 
Sin and Free Will approximates to the school of Shammai and 
serves to explain the Pauline doctrines on those subjects; but 
to this subject we shall return. 

Original Language and Versions. — In the Latin version our 
book consists of sixteen chapters, of which, however, only 
iii.-xiv. are found in the other versions. To iii.-xiv., accordingly, 
the present notice is confined. After the example of most of the 
Latin MSS. we designate the book 4 Ezra (see Bensly-James, 
Fourth Book of Ezra, pp. xxiv-xxvii). In the First Arabic and 
Ethiopic versions it is called 1 Ezra; in some Latin MSS. and in 
the English Authorized Version it is 2 Ezra, and in the Armenian 
3 Ezra. Chapters i.-ii. are sometimes called 3 Ezra, and xv.-xvi. 
5 Ezra. All the versions go back to a Greek text. This is shown 
by the late Greek apocalypse of Ezra (Tischendorf, Apocalypses 
Apocryphae, 1866, pp. 24-33), the author of which was acquainted 
with the Greek of 4 Ezra; also by quotations from it in Barn, 
iv. 4; xii. 1=4 Ezra xii. 10 sqq., v. 5; Clem. Alex. Strom, iii. 16 
(here first expressly cited) =4 Ezra v. 35, &c. (see Bensly-James, 
op. cit. pp. xx vii- xxx viii. The derivation of the Latin version 
from the Greek is obvious when we consider its very numerous 
Graecisms. Thus the genitive is found after the comparative 
(v. 13) horum majora; xi. 29 duorum capitum majus, even the 
genitive absolute as in x. 9, the double negative, de and ex with 
the genitive. Peculiar genders can only be accounted for by the 
influence of the original forms in Greek, as x. 23 signaculum 
(o-<ppayls) . . . tradita est; xi. 4 caput (Ke4>a.\ri) . . . sed et ipsa. 
In vi. 25 we have the Greek attraction of the relative — omnibus 
istis quibus praedixi tibi. In his Messias Judaeorum (1869), 
pp. 36-110, Hilgenfeld has given a reconstruction of the Greek 
text. Till 1896 only Ewald believed that 4 Ezra was written 
originally in Hebrew. In that year Wellhausen {Gait. Gel. Anz. 
pp. 12-13) and Charles (Apoc. Bar. p. Ixxii) pointed out that 
a Hebrew original must be assumed on various grounds; and 



this view the former established in his Skizzen u. Vorarbeiten, 
vi. 234-240 (1899). Of the numerous grounds for this assumption 
it will be necessary only to adduce such constructions as " de qvto 
me interrogas de eo," iv. 28, and xiii. 26, " qui per semet ipsum 
liberabit " ( = ta-i$>is) = "through whom he will deliver," or to 
point to such a mistranslation as vii. 33, " longanimitas con- 
gregabitur," where for " congregabitur " ( = <]dk-) we require 
" evanescet," which is another and the actual meaning of the 
Hebrew verb in this passage. The same mistranslation is found 
in the Vulgate in Hosea iv. 3. Gunkel has adopted this view 
in his German translation of the book in Kautzsch's Apok. und 
Pseud, des A. Testaments, ii. 332-333, and brought forward in 
confirmation the following remarkable instance in viii. 23, 
where though the Latin, Syriac, Ethiopic, Arabic and Armenian 
Versions read testificatur, the Second Arabic version and the 
Apostolic Constitutions have nem els tov al&va, which are to be 
explained as translations of (i>?) iJ2? moy. Another interesting 
case is found in xiv. 3, where the Latin and all other versions 
but Arabic 2 read super rubum and the Arabic 2 in monte Sinai. 
Here there is a corruption of '"«d " bush " into 'J'd " Sinai." 

Latin _ Version. — All the older editions of this version, as those 
of Fabricius, Sabatier, Volkmar, Hilgenfeld, Fritzsche, as well as 
in the older editions of the Bible, are based ultimately on only 
one MS., the Codex Sangermanensis (written a.d. 822), as Gilde- 
meister proved in 1865 from the fact that the large fragment between 
verses 36 and 37 in chapter vii., which is omitted in all the above 
• editions, originated through the excision of a leaf in this MS. A 
splendid edition of this version based on MSS. containing the missing 
fragment, which have been subsequently discovered, has been pub 
lished by Bensly-James, op. cit. This edition has taken account 
of all the important MSS. known, save one at Leon in Spain. 

Syriac Version. — This version, found in the Ambrosian Library 
in Milan, was translated into Latin by Ceriani, Monumenla sacra 
et profana, II. ii. pp. 99-124 (1866). Two years later this scholar 
edited the Syriac text, op. cit. V. i. pp. 4-111, and in 1883 repro- 
duced the MS.' by photo-lithography (Translatio Syra PeshiUo V.T. 
II. iv. pp. 553-572). Hilgenfeld incorporated Ceriani's Latin trans- 
lation in his Messias Judaeorum. This translation needs revision 
and correction. 

Ethiopic Version. — First edited and translated by Laurence, 
Primi Ezrae libri versio Aethiopica (1820). Laurence's Latin 
translation was corrected by Praetorius and reprinted in Hilgen- 
feld's Messias Judaeorum. In 1894 Dillmann's text based on ten 
MSS. was published — V.T. Aeth. libri apocryphi, v. 153-193. 

A rabic Versions. — The First Arabic version was translated from a 
MS. in the Bodleian Library into English by Ockley (in Whiston's 
Primitive Christianity, vol. iv. 171 1). This was done into Latin 
and corrected by Steiner for Hilgenfeld's Mess. Jud. The Second 
Arabic version, which is independent of the first, has been edited 
from a Vatican MS. and translated into Latin by Gildemeister, 1877. 

Armenian Version. — First printed in the Armenian Bible (1805). 
Translated into Latin by Petermann for Hilgenfeld's Mess. Jud.; 
next with Armenian text and English translation by Issaverdens in 
the Uncanonical Writings of the Old Testament, pp. 488 sqq. (Venice, 
1901). 

Georgian Version. — According to F. C. Conybeare an accurate 
Georgian version made from the Greek exists in an 1 ith-century MS. 
at Jerusalem. 

Relation of the above Versions. — These versions stand in the order 
of worth as follows: Latin, Syriac, Ethiopic. The remaining 
versions are paraphrastic and less accurate, and are guilty of addi- 
tions and omissions. All the versions, save the Second Arabic one, 
go back to the same Greek version. The Second Arabic version 
presupposes a second Greek version. 

Modern Versions. — All the English versions are now antiquated, 
except those in the Variorum Apocrypha and the Revised Version 
of the Apocrypha, and even these are far from satisfactory. Simi- 
larly, all the German versions are behindhand, except the excellent 
version of Gunkel in Apok. u. Pseud, ii. 252-401, which, however, 
needs occasional correction. 

Contents. — The book (iii.-xiv.) consists of seven visions or 
parts, like the apocalypse of Baruch. They are : (i)iii. i-v. 19; 
(2) v. 20-vi. 34; (3) vi. 35-ix. 25; (4) ix. 26-x. 60; (5) xi. i-xii. 
51; (6) xiii.; (7) xiv. These deal with (1) religious problems 
and speculations and (2) eschatological questions. The first 
three are devoted to the discussion of religious problems affecting 
in the main the individual. The presuppositions underlying 
these are in many cases the same as those in the Pauline Epistles. 
The next three visions are principally concerned with eschato- 
logical problems which relate to the nation. The seventh vision 



EZRA, 4 th BOOK OF 



107 



is a fragment of the Ezra Saga recounting the rewriting of the 
Scriptures, which had been destroyed. This has no organic 
connexion with what precedes. 

First Vision, iii.-v. 19. — " In the thirtieth year after the ruin 
of the city I Salathiel (the same is Ezra) was in Babylon and lay 
troubled -upon my bed." In a long prayer Ezra asks how the deso- 
lation of Sion and the prosperity of Babylon can be in keeping with 
the justice of God. The angel Uriel answers that God's ways are 
unsearchable and past man's understanding. When Ezra asks 
when the end will be and what are the signs of it, the angel answers 
that the end is at hand and enumerates the signs of it. 

Second Vision, v. 14-vi. 34. — Phaltiel, chief of the people, 
reproaches Ezra for forsaking his flock. Ezra fasts, and in his 
prayer asks why God had given up his people into the hands of the 
heathen. Uri